Scott v. University of Rochester

Nov 21, 2003
Versions:1 A.D.3d 945
1 A.D.2d 945
767 N.Y.S.2d 760
2003 N.Y. App. Div. LEXIS 12259

Appeal from an order of Supreme Court, Monroe County (Lunn, J.), entered August 19, 2002, which denied the motion of third-party defendant Ruffin’s A-l Contracting, Inc. seeking leave to renew.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Supreme Court properly denied the motion of third-party defendant Ruffin’s A-l Contracting, Inc. (Ruffin’s) seeking leave to renew with respect to plaintiff’s motion for partial summary judgment on liability under Labor Law § 240 (1). We reject the contention of Ruffin’s that “there has been a change in the law that would change the prior determination” granting plaintiffs motion (CPLR 2221 [e] [2]; see Thompson v St. Charles Condominiums, 303 AD2d 152, 154 [2003], lv dismissed 100 NY2d 556 [2003]; Outar v City of New York, 286 AD2d 671, 672-673 [2001]). Present — Green, J.P., Wisner, Scudder, Gorski and Lawton, JJ.