Narvaez v. 12 W. 31st St. Corp.

Summary

The Appellate Division, First Department modified an order denying plaintiff's motion to vacate a dismissal, holding that law office failure provided a reasonable excuse as to the Labor Law § 240(1) claim. The court vacated dismissal of that claim and granted plaintiff partial summary judgment, while deeming the Labor Law §§ 241(6) and 200 and common-law negligence claims abandoned. The appeal from the dismissal order was dismissed as academic.

Holdings

1. Plaintiff demonstrated a reasonable excuse for failing to timely oppose defendants' summary judgment motion and did not unreasonably delay in moving to vacate; the one-time incident of law office failure therefore warranted vacatur of the dismissal of the Labor Law § 240(1) claim.
2. Plaintiff was entitled to partial summary judgment on his Labor Law § 240(1) claim because he was required to work on an elevated fire escape, was exposed to an elevation-related risk, and defendants failed to provide an adequate safety device.
3. Those claims were deemed abandoned because plaintiff did not address them in his motion to vacate, and the court declined to search the record to reverse their dismissal.

Questions Presented

1. Whether plaintiff demonstrated a reasonable excuse and lack of unreasonable delay warranting vacatur under CPLR 5015(a)(1) of the order dismissing his Labor Law § 240(1) claim.
2. Whether plaintiff established the merit of his Labor Law § 240(1) claim sufficiently to obtain partial summary judgment.
3. Whether plaintiff abandoned his Labor Law §§ 241(6) and 200 claims and common-law negligence claim by failing to address them in his vacatur motion.

Disposition

other