Palmer v. County of Erie
Opinion of the Court
We conclude, however, that plaintiffs met their burden of establishing their entitlement to leave to renew their opposition to the prior motions under CPLR 2221 (e) (2) based on a “change in the law that would change the prior determination.” We further conclude that, upon renewal, plaintiffs established that summary judgment dismissing the claims under Labor Law § 240 (1) was not appropriate based on the change in the law but that plaintiffs failed to establish their entitlement to partial summary judgment on liability with respect to those claims. Thus, the court (Bannister, J.) erred in granting those parts of plaintiffs’ motions seeking that relief because, in our view, there are issues of fact regarding the occurrence of the accident that preclude partial summary judgment on liability under section 240 (1) (see Charney v LeChase Constr., 90 AD3d 1477, 1479 [2011]). Present — Scudder, P.J., Fahey, Bindley, Sconiers and Martoche, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.