Opinion
January 8, 1990
Appeal from the Supreme Court, Nassau County (Burstein, J.).
Ordered that the order is affirmed, with costs to the respondent Island Holding Corp.
Pursuant to CPLR 3212 (f), a court may deny a motion for summary judgment if it appears "that facts essential to justify opposition may exist but cannot then be stated" (CPLR 3212 [f]; see, R.C.S. Farmers Mkts. Corp. v. Great Am. Ins. Co., 56 N.Y.2d 918, 920-921). We find that the affidavit of Abelis Rachkauskas sufficiently described essential facts believed to exist peculiarly within the plaintiffs' knowledge (see, Koslov v. New York City Hous. Auth., 140 A.D.2d 586; cf., Billy v. Consolidated Mach. Tool Corp., 51 N.Y.2d 152). Therefore, the Supreme Court properly denied the plaintiffs' motion for summary judgment in order to permit disclosure. Thompson, J.P., Lawrence, Kunzeman and Harwood, JJ., concur.