Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Fawwaz ALI, Plaintiff–Appellant, v. Blair EFFRON, et al., Defendants, Irwin Cohen, et al., Defendants–Respondents.
Order, Supreme Court, New York County (Paul Wooten, J.), entered October 2, 2012, which, insofar as appealed from as limited by the briefs, granted defendant Abbylara Service, Corp.'s (Abbylara) motion to transfer venue from New York County to Suffolk County for consolidation with another action pending there, and denied as premature plaintiff's motion for partial summary judgment on his Labor Law § 240(1) claim as against defendants Abbylara and Irwin Cohen without prejudice and with leave to renew in Suffolk County, unanimously affirmed, without costs.
Plaintiff's cross motion for partial summary judgment was properly denied as premature in light of the incomplete state of discovery, including the lack of any depositions (see Wilson v. Yemen Realty Corp., 74 AD3d 544 [1st Dept 2010]; McGlynn v. Palace Co., 262 A.D.2d 116 [1st Dept 1999] ).
In this action alleging violations of the Labor Law resulting in personal injuries sustained by plaintiff while he was performing construction work at a house located in Suffolk County, plaintiff's contention that the motion court improperly granted a transfer of venue to Suffolk County and consolidation with a case pending there is unavailing. The Suffolk County action was commenced prior to this one, both actions arose from the same accident and plaintiff fails to demonstrate any prejudice to the parties or inconvenience to material witnesses (see Velasquez v. C.F.T., Inc., 240 A.D.2d 178 [1st Dept 1997] ).
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: May 21, 2013
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)