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Yun-Shou Gao v. City of New York

29 A.D.3d 449 Court N.Y. App. Div. Decision date 2006-05-23 English

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p. 449
Yun-Shou Gao et al., Appellants, v City of New York et al., Respondents.
[814 NYS2d 523]

Order, Supreme Court, New York County (Michael D. Stallman, J.), entered December 8, 2005, which denied plaintiffs’ motion for partial summary judgment on the issue of defendants’ liability under Labor Law § 240 (1), unanimously affirmed, without costs.

The motion was made before any disclosure had been conducted and was properly denied in the circumstances presented (see CPLR 3212 [f]; McGlynn v Palace Co., 262 AD2d 116 [1999]). Our affirmance is without prejudice to plaintiffs’ renewal of the motion after completion of disclosure (see id.). Concur—Friedman, J.P., Sullivan, Williams, Sweeny and McGuire, JJ.

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