Gaughan v. Chase Manhattan Bank

Full title: DOROTHY GAUGHAN et al., Appellants, v. CHASE MANHATTAN BANK, Respondent

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

Date published: May 3, 1994

204 A.D.2d 67 (N.Y. App. Div. 1994)

612 N.Y.S.2d 5

Opinion

May 3, 1994

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

The IAS Court erred in granting defendant's motion for summary judgment where defendant failed to show, in this slip and fall personal injury action, the absence of a triable issue of fact. Not only did the court err in finding that plaintiff had not pursued discovery diligently, where defendant had failed to respond to plaintiff's discovery requests by the time the motion was submitted, but where the knowledge of salient facts remains exclusively within the possession of the moving party, a motion for summary judgment must be denied (Vitti v. Maloney, 109 A.D.2d 836).

Concur — Ellerin, J.P., Wallach, Kupferman, Rubin and Williams, JJ.