Defense Motion for Summary Judgment Not Premature

A New York appellate court ruled that the defense motions for summary judgment in a Labor Law action were not premature and that one of the motions should have been granted. Case: Mitchell v. 148th St. Jamaica Condominium, No. 21-02673, 11/01/2023, published. Facts: Christopher Mitchell allegedly suffered injuries in a fall from a scaffold at a construction site. Procedural history: Mitchell filed suit against Omega Scaffolding and Triera Contracting Inc., asserting claims for negligence and violations of the Labor Law. Before depositions had been conducted, Omega and Triera separately mov...