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WINTERS v. ATLANTIC DEV. CORP.

153548/19. Appeal No. 15861. Case No. 2022-00055.

205 A.D.3d 447 (2022)

165 N.Y.S.3d 693

2022 NY Slip Op 02969

Michael Winters, Appellant, v. Atlantic Development Corp., Respondent, et al., Defendant.

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

Decided May 3, 2022.

Attorney(s) appearing for the Case

Law Offices of Bruce E. Cohen & Associates, P.C., Melville (Mirela Blanary of counsel), for appellant.

Montfort, Healy, McGuire & Salley LLP, Garden City (Magda DeMoya Coyle of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gesmer, Moulton, Mendez, Higgitt, JJ.

Plaintiff set forth a reasonable excuse for his failure to timely oppose Atlantic's summary judgment motion, and his deposition testimony established the merit of his Labor Law § 240(1) claim (see CPLR 5015[a][1]; Morales v Marion Ave. Mgt. LLC, 188 A.D.3d 466, 466 [1st Dept 2020]). There is no evidence of an intent to delay or abandon the action (see DePompo-Seff v Genovese Drug Stores, Inc.,

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