Liu v. Wong

• Decision Date: 18 December 2007
• Docket Number: 2007-04020.,2006-10932.
• Parties: CHUNQI LIU et al., Appellants, v. HOWARD WONG et al., Defendants, and LIN'S ASSOCIATES, INC., Respondent.
• Court: New York Supreme Court — Appellate Division

46 A.D.3d 735

849 N.Y.S.2d 84

2007 NY Slip Op 10090

CHUNQI LIU et al., Appellants, v. HOWARD WONG et al., Defendants, and LIN'S ASSOCIATES, INC., Respondent.

2006-10932.

2007-04020.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 18, 2007.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal (1) from an order of the Supreme Court, Queens County (Dorsa, J.), dated August 16, 2006, which granted the motion of the defendant Lin's Associates, Inc., for summary judgment dismissing the complaint insofar as asserted against it, and (2), as limited by their brief, from so much of an order of the same court dated March 7, 2007, as denied that branch of their motion which was for leave to renew their opposition to the motion of the defendant Lin's Associates, Inc.

Ordered that the order dated March 7, 2007 is reversed insofar as appealed from, on the law, the facts, and as an exercise of discretion, that branch of the plaintiffs' motion which was for leave to renew their opposition to the motion of the defendant Lin's Associates, Inc., is granted, the order dated August 16, 2006 is vacated, and upon renewal, the motion of the defendant Lin's Associates, Inc., for summary judgment dismissing the complaint insofar as asserted against it is denied; and it is further,

Ordered that the appeal from the order dated August 16, 2006 is dismissed as academic in light of our determination of the appeal from the order dated March 7, 2007; and it is further Ordered that one bill of costs is awarded to the plaintiffs.

The plaintiff Chunqi Liu allegedly sustained injuries when he fell approximately 10 feet from deficient scaffolding at a renovation site owned by the defendants Howard Wong and Mei Wong (collectively hereinafter Wong). The plaintiffs asserted a common-law negligence cause of action and causes of action alleging violations of Labor Law §§ 200, 240 (1), and § 241 (6) against, among others, the defendant Lin's Associates, Inc. (hereinafter Lin's Associates), the alleged general contractor for the renovation project.

After the plaintiffs failed to abide by the terms of a court-ordered discovery stipulation, Lin's Associates moved for summary judgment dismissing the complaint insofar as asserted against it. The plaintiffs opposed the motion arguing, in part, that it was premature since depositions had not been completed. The Supreme Court granted the motion. Thereafter, the...