Appellate Division of the Supreme Court of New York, 2003

Scott v. University of Rochester

Appellate Division of the Supreme Court of New York · Decided November 21, 2003

1 A.D.2d 945; 767 N.Y.S.2d 760; 1 A.D.3d 945; 2003 N.Y. App. Div. LEXIS 12259

Cases that cite this one

1 later published case cites this decision.

McNerney v. Fundalinski (Appellate Division of the Supreme Court of New York 2008)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Appeal from an order of Supreme Court, Monroe County (Lunn, J.), entered August 19, 2002, which denied the motion of third-party defendant Ruffin’s A-l Contracting, Inc. seeking leave to renew.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Supreme Court properly denied the motion of third-party defendant Ruffin’s A-l Contracting, Inc. (Ruffin’s) seeking leave to renew with respect to plaintiff’s motion for partial summary judgment on liability under Labor Law § 240 (1). We reject the contention of Ruffin’s that “there has been a change in the law that would change the prior determination” granting plaintiffs motion (CPLR 2221 [e] [2]; see Thompson v St. Charles Condominiums, 303 AD2d 152, 154 [2003], lv dismissed 100 NY2d 556 [2003]; Outar v City of New York, 286 AD2d 671, 672-673 [2001]). Present — Green, J.P., Wisner, Scudder, Gorski and Lawton, JJ.

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