Janiak v. Ewall
Cases that cite this one
5 later published cases cite this decision.
- Wells Fargo Bank, N.A. v. Harrigan (Appellate Division of the Supreme Court of New York 2020)
- Wells Fargo Bank, N.A. v. Estwick (Appellate Division of the Supreme Court of New York 2018)
- Nagan Construction, Inc. v. Monsignor McClancy Memorial High School (Appellate Division of the Supreme Court of New York 2016)
- Xavier Construction Co. v. Bronxville Union Free School District (Appellate Division of the Supreme Court of New York 2016)
- Xiu Jian Sun v. Yeung (Appellate Division of the Supreme Court of New York 2015)
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
The appellant is not aggrieved by the portion of the order which granted that branch of the Firm’s cross motion which was for summary judgment dismissing the complaint insofar as asserted against it, and likewise is not aggrieved by the portion of the order which granted that branch of the Firm’s cross motion which was for summary judgment dismissing all cross claims insofar as asserted against it, as she did not oppose the cross motion (see Ponce-Francisco v Plainview-Old Bethpage Cent. School Dist., 83 AD3d 683 [2011]; Mixon v TBV, Inc., 76 AD3d 144 [2010]; Giraldo v Morrisey, 63 AD3d 784 [2009]; Nunez v Travelers Ins. Co., 139 AD2d 712 [1988]; Ciaccio v Germin, 138 AD2d 664 [1988]). Accordingly, her appeal from those portions of the order must be dismissed.
The Supreme Court properly denied that branch of the appellant’s motion which was for summary judgment dismissing the cause of action alleging a violation of Labor Law § 240 (1) insofar as asserted against her, as the evidence submitted in support of the motion failed to establish, as a matter of law, that the ladder from which the plaintiff fell afforded proper
The appellant’s remaining contentions are without merit. Mastro, J.E, Angiolillo, Belen and Lott, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.