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RED ZONE LLC v. CADWALADER, WICKERSHAM & TAFT LLP

No. 5

27 N.Y.3d 1048 (2016)

54 N.E.3d 69

34 N.Y.S.3d 397

2016 NY Slip Op 04249

RED ZONE LLC, Respondent, v. CADWALADER, WICKERSHAM & TAFT LLP, Appellant.

Court of Appeals of New York.

Decided June 2, 2016.

Attorney(s) appearing for the Case

Cravath, Swaine & Moore LLP, New York City (David R. Marriott of counsel), for appellant.

Jeffrey A. Jannuzzo, New York City, and Hinman Straub PC, Albany (James T. Potter of counsel), for respondent.

Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN and GARCIA concur; Chief Judge DIFIORE and Judge FAHEY taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified, with costs, by denying plaintiff's motion for summary judgment and reinstating defendant's affirmative defenses of the statute of limitations and comparative negligence and, as so modified, affirmed.

Viewing the evidence in the light most favorable to defendant as the non-movant (see generally Vega v Restani Constr. Corp., 18 N.Y.3d 499...

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