Opinion
04-25-2017
50 GRAMERCY PARK NORTH OWNERS CORP., Plaintiff–Appellant, v. GPH PARTNERS LLC (Sponsor ), et al., Defendants–Respondents. [And a Third–Party Action].
Adam Leitman Bailey, P.C., New York (Jeffrey R. Metz of counsel), for appellant. O'Toole Fernandez Weiner Van Lieu, LLC, New York (Tomas B. Lim of counsel), for respondents.
Adam Leitman Bailey, P.C., New York (Jeffrey R. Metz of counsel), for appellant.
O'Toole Fernandez Weiner Van Lieu, LLC, New York (Tomas B. Lim of counsel), for respondents.
Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered June 13, 2016, which denied plaintiff's motion for partial summary judgment on the first, eighth through tenth, twelfth through seventeenth, and twenty-third causes of action, unanimously affirmed, without costs.
Defendants' denials in their answer were not improper and do not entitle plaintiff to summary judgment. Further, insofar as plaintiff relied on affidavits and documentary evidence in support of its motion, given the early stage of discovery, Supreme Court did not err in denying summary judgment as premature (see CPLR 3212[f] ).
FRIEDMAN, J.P., RICHTER, FEINMAN, GISCHE, GESMER, JJ., concur.