Quinn v. Hillside Development Corp.
Cases that cite this one
15 later published cases cite this decision.
- US Bank, N.A. v. Morrison (Appellate Division of the Supreme Court of New York 2018)
- US Bank, N.A. v. Morrison (Appellate Division of the Supreme Court of New York 2018)
- 24 Franklin Ave. R.E. Corp. v. Heaship (Appellate Division of the Supreme Court of New York 2012)
- 24 Franklin Ave. R.E. Corp. v. Heaship (Appellate Division of the Supreme Court of New York 2012)
- Seaman v. Wyckoff Heights Medical Center, Inc. (Appellate Division of the Supreme Court of New York 2008)
- Pekich v. James E. Lawrence, Inc. (Appellate Division of the Supreme Court of New York 2007)
- JFK Family Ltd. Partnership v. Millbrae Natural Gas Dev. Fund 2005, L.P. (Appellate Division of the Supreme Court of New York 2019)
- Matter of Doman (Appellate Division of the Supreme Court of New York 2017)
- Haberman v. Zoning Board of Appeals of City of Long Beach (Appellate Division of the Supreme Court of New York 2012)
- Cinelli Builders, Inc. v. Ferris (Appellate Division of the Supreme Court of New York 2010)
- EDP Hospital Computer System, Inc. v. Bronx-Lebanon Hospital Center (Appellate Division of the Supreme Court of New York 2009)
- Frackson v. Brown & Williamson Tobacco Corp. (Appellate Division of the Supreme Court of New York 2009)
- Lipp v. Port Authority of New York & New Jersey (Appellate Division of the Supreme Court of New York 2008)
- J-Mar Service Center, Inc. v. Mahoney, Connor & Hussey (Appellate Division of the Supreme Court of New York 2007)
- Independence Party State Committee v. Berman (Appellate Division of the Supreme Court of New York 2006)
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
In an action to recover damages for personal injuries, the defendant third-party plaintiff, Hillside Development Corp., appeals, as limited by its letter dated December 10, 2004, from so much of an order of the Supreme Court, Westchester County (LaCava, J.), entered May 25, 2004, as denied its cross motion for summary judgment on the issue of liability against the third-party defendant County Center Roofing Co., Inc.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied Hillside’s cross motion for summary judgment on the issue of liability against CC Roofing. On a prior appeal, upon reviewing the denial of CC Roofing’s motion for summary judgment, this Court found that there was a-triable issue of fact on whether the plaintiff was an employee of CC Roofing on the date of the accident (see Quinn v Hillside Dev. Corp., 309 AD2d 794, 795 [2003]). Since Hillside’s cross motion, which is the subject of this appeal, was based on the same arguments and facts Hillside raised in opposition to CC Roofing’s prior motion, this Court’s prior determination constitutes the law of the case on this issue (see Johnson v Incorporated Vil. of Freeport, 288 AD2d 269 [2001]; Matter of Parsons, 78 AD2d 876 [1980]). Moreover, Hillside did not demonstrate extraordinary circumstances warranting a departure from the earlier determination on this issue (see Carole A. v City of New York, 169 AD2d 800, 801 [1991]; Vanguard Tours v Town of Yorktown, 102 AD2d 868 [1984]; cf. Persaud v City of New York, 307 AD2d 346, 347 [2003]).
Under the circumstances, it is unnecessary for us to revisit the substantive arguments of the parties concerning the employment status issue (see Matter of Parsons, supra). S. Miller, J.P., Luciano, Crane and Lifson, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.