Judy Yuh-Neu Chou v. A to Z Vending Service Corp.
Cases that cite this one
5 later published cases cite this decision.
- Taormina-Fucci v. 100-02 Rockaway Blvd. 26, LLC (Appellate Division of the Supreme Court of New York 2022)
- Ciaravino v. Bulldog National Logistics, LLC (Appellate Division of the Supreme Court of New York 2017)
- United Services Automobile Ass'n v. Wiley (Appellate Division of the Supreme Court of New York 2010)
- United Services Automobile Ass'n v. Wiley (Appellate Division of the Supreme Court of New York 2009)
- Lofstad v. S & R Fisheries, Inc. (Appellate Division of the Supreme Court of New York 2007)
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 plaintiff appeals from an order of the Supreme Court, Queens County (Agate, J.), dated July 7, 2005, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The defendant demonstrated a good cause for its delay in making a motion for summary judgment, and the motion court providently exercised its discretion in entertaining the late motion (see CPLR 3212 [a]; Brill v City of New York, 2 NY3d 648, 652 [2004]; Olivier v Rodney, 27 AD3d 631 [2006]; Certified Elec. Contr. Corp. v City of New York [Dept. of Transp.], 23 AD3d 596 [2005]; Herrera v Felice Realty Corp., 22 AD3d 723 [2005]). On the merits, the defendant submitted evidence sufficient to establish its entitlement to judgment as a matter of law by demonstrating that the allegedly negligent third-party defendant was an independent contractor, over whom it exercised no control, and not one of its employees (see Kleeman v Rheingold,
Case-law data current through September 30, 2026. Source: CourtListener bulk data.