Fuczynski v. 144 Div., LLC

Summary

The Appellate Division, Second Department, reversed an order denying the plaintiff leave to file a late motion for summary judgment in a construction-related personal injury action. The court held that post-deposition discovery concerning a possible unauthorized-work defense was essential to the motion and constituted good cause for the delay, remanding for a determination of the summary judgment issues on the Labor Law §§ 240(1) and 241(6) claims.

Holdings

1. The Supreme Court improvidently exercised its discretion in denying leave to serve and file the late motion. The plaintiff established good cause because the post-deposition discovery he sought was essential to the proposed motion and related to a possible defense to his Labor Law claims.

Questions Presented

1. Whether the plaintiff established good cause under CPLR 3212(a) for leave to serve and file a late motion for summary judgment.
2. Whether post-deposition discovery concerning a possible unauthorized-work defense was essential to the plaintiff's proposed summary-judgment motion and therefore supported good cause for the late filing.

Disposition

reversed_and_remanded