Kalra v. New York Life Insurance Company

Full title: JAG MOHAN KALRA, Appellant, v. NEW YORK LIFE INSURANCE COMPANY et al.…

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

Date published: Nov 10, 1997

244 A.D.2d 389 (N.Y. App. Div. 1997)

665 N.Y.S.2d 643

Opinion

November 10, 1997

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

Ordered that the order and judgment is affirmed, with one bill of costs.

Under the circumstances of this case, the Supreme Court properly granted the defendants' motion for summary judgment since the plaintiff failed to present proof of any material questions of fact which would preclude such relief ( see, Zuckerman v. City of New York, 49 N.Y.2d 557). Moreover, the plaintiff has failed to demonstrate how further discovery might reveal the existence of material facts, currently within the exclusive knowledge and control of the defendants, which would warrant the denial of summary judgment ( see, CPLR 3212 [f]; Delaney v Good Samaritan Hosp., 204 A.D.2d 678).

Rosenblatt, J. P., Miller, Ritter and Krausman, JJ., concur.