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| Spath v. Zack, 8478, Index 108004/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Overview: Plaintiff in a personal injury action was granted an extension of time, pursuant to CPLR 306-b, to serve one defendant who no longer resided at the address where service defectively made, since, though service was defective, it was timely made and the statute of limitations had expired in the case.
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| Tucker v. Tishman Constr. Corp. of N. Y., 9520, Index 110235/02, 590932/03,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Overview: Plaintiff's Labor Law § 241(6) claims were properly dismissed because area where plaintiff fell was not passageway subject to 12 NYCRR 23-1.7(e)(1), but work area subject to § 23-1.7(e)(2), and there was no liability under latter section as rebar steel over which plaintiff tripped was integral part of work being performed, not debris.
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| Wageworks, Inc. v. Metropolitan Transp. Auth., 602714/06,
SUPREME COURT OF NEW YORK, NEW YORK COUNTY, January 4, 2007, Decided
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| Yassky v. Meltzer, Lippe, Goldstein & Schlissel, P.C., 9928, Index 604080/03, 590575/05,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Overview: Third-party plaintiff attorneys' complaint was properly dismissed under CPLR 3211(a)(1), (7) because they were retained to form LLC, while third-party defendants were retained to sue on behalf of LLC but not to effectuate publication of LLC under Limited Liability Company Law § 206, and thus, they were not responsible for failure to publish.
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