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TOSCANI v. ONE BRYANT PARK, LLC

1338N, 305428/08.

139 A.D.3d 644 (2016)

31 N.Y.S.3d 863

2016 NY Slip Op 04153

JOHN TOSCANI et al., Respondents, et al., Plaintiffs, v. ONE BRYANT PARK, LLC, et al., Appellants.

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

Decided May 31, 2016.

The motion court providently exercised its discretion in granting plaintiffs leave to renew on the ground that plaintiffs would be unduly prejudiced by consolidated damages trials, i.e., "so as not to defeat substantive fairness" (Tishman Constr. Corp. of N.Y. v City of New York, 280 A.D.2d 374, 377 [1st Dept 2001] [internal quotation marks omitted]).

Summary judgment on the issue of liability under Labor Law § 240 ...

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