Opinion
2003-02265.
Decided March 22, 2004.
In an action to recover damages for personal injuries, etc., the defendant Rocky Joe Construction Corp. appeals from an order of the Supreme Court, Kings County (Kramer, J.), dated January 31, 2003, which denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.
Torino Bernstein, P.C., Mineola, N.Y. (Vincent J. Battista of counsel), for appellant.
Connors Connors, P.C., Staten Island, N.Y. (William A. Klaus of counsel), for plaintiffs-respondents.
Laykind Summers (Steve S. Efron, New York, N.Y., of counsel), for defendants-respondents.
Before: ANITA R. FLORIO, J.P., ROBERT W. SCHMIDT, WILLIAM F. MASTRO REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.
In opposition to the appellant setting forth a sufficient basis for summary judgment, the respondents separately showed that they had not yet had an adequate opportunity to conduct discovery and that facts essential to justify opposition to the motion may exist but are exclusively within the knowledge of the appellant ( see CPLR 3212[f]; Mazzola v. Kelly, 291 A.D.2d 535; Santiago v. John J. Lease Realtors, 304 A.D.2d 743). Accordingly, the appellant is not entitled to summary judgment at this time.
FLORIO, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.