CULLINAN v. NEW YORK UNIVERSITY (2026)

Supreme Court, Appellate Division, First Department, New York.

Patrick CULLINAN, et al., Plaintiffs–Respondents, v. NEW YORK UNIVERSITY, et al., Defendants–Respondents,
Turner Construction Company, Defendant–Appellant. New York University sued herein as New York University and NYU School of Medicine, et al., Third–party Plaintiffs–Respondents, v. Celtic Building Supplies, Inc., Third–party Defendant–Respondent. [and Another Action]

Index No. 159762

Decided: October 15, 2026

Webber, J.P., Friedman, Kapnick, Pitt–Burke, JJ.

Cullen and Dykman LLP, New York (Patrick Kelly of counsel), for appellant. Law Office of Michael T. O'Leary, PLLC, Larchmont (Michael T. O'Leary of counsel), for Patrick Cullinan and Geraldine Cullinan, respondents. Nicoletti Hornig Namazi Eckert & Sheehan, New York (Joseph Santiago of counsel), for New York University, NYU School of Medicine and New York University Langone Health Systems and NYU Langone Medical Center, respondents.

Order, Supreme Court, New York County (Robert R. Reed, J.), entered June 10, 2025, which denied the motion of defendant Turner Construction Company pursuant to CPLR 2221(e) for leave to renew its motion for summary judgment dismissing plaintiff's common-law negligence and Labor Law § 200 claims, unanimously reversed on the law, without costs, and the motion granted, without costs.

Supreme Court improperly denied Turner's motion for leave to renew its motion for summary judgment. Evidence which emerged from the court-ordered depositions made clear that Turner was not responsible for the accident and that “the asserted new facts would change the prior determination” (American Audio Serv. Bur. Inc. v AT & T Corp., 33 AD3d 473, 476 [1st Dept 2006] ).

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