From Casetext: Smarter Legal Research

CL Brothers v. 3467 Merrick Road Laundry

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1997
240 A.D.2d 690 (N.Y. App. Div. 1997)

Opinion

June 30, 1997

Appeal from the Supreme Court, Queens County (Durante, J.).


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated insofar as asserted against the defendant No-Jo Laundries, Inc.

The plaintiff has succeeded in establishing that facts essential to opposing the motion of the defendant No-Jo Laundries, Inc. (hereinafter No-Jo), for summary judgment are exclusively within the knowledge of No-Jo. Moreover, notwithstanding No-Jo's execution of a stipulation expressly providing for discovery in this action, the record unequivocally demonstrates that the plaintiff has not been afforded a reasonable opportunity to conduct such discovery. Under these circumstances, the Supreme Court should have denied No-Jo's motion for summary judgment ( see, CPLR 3212 [f]; Urcan v. Cocarelli, 234 A.D.2d 537; Halpern Dev. Venture v. Board of Trustees, 222 A.D.2d 652; Baron v. Incorporated Vil. of Freeport, 143 A.D.2d 792).

Sullivan, J.P., Pizzuto, Friedmann and Krausman, JJ., concur.


Summaries of

CL Brothers v. 3467 Merrick Road Laundry

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1997
240 A.D.2d 690 (N.Y. App. Div. 1997)
Case details for

CL Brothers v. 3467 Merrick Road Laundry

Case Details

Full title:CL BROTHERS, INC., Appellant, v. 3467 MERRICK ROAD LAUNDRY, INC., et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 30, 1997

Citations

240 A.D.2d 690 (N.Y. App. Div. 1997)

Citing Cases

English v. Ski Windham Operating Corp.

Moreover, the record unequivocally demonstrates that the plaintiff has not been afforded a reasonable…