Arrucci v. City of New York
Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendant Plumbing Solutions, Ltd., appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Solomon, J.), dated November 8, 2006, as denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.
Ordered that the order is reversed insofar as appealed from, with costs, and the appellant’s motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it is granted.
The plaintiffs assert that discovery was not completed and therefore consideration of the instant motion for summary judgment was premature. However, the plaintiffs failed to establish what additional facts might be disclosed which would demonstrate that an issue of fact existed as to whether the appellant did work on the roadway (see Fenko v Mealing, 43 AD3d 856 [2007]; Gasis v City of New York, 35 AD3d 533 [2006]; Lopez v WS Distrib., Inc., 34 AD3d 759 [2006]). Accordingly, summary judgement should have been granted in favor of the appellant. Lifson, J.P., Dillon, Covello and McCarthy, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.