Lecorps v. Chaplia

1 Citing case

  1. Perez v. Baez

    2023 N.Y. Slip Op. 31793 (N.Y. Sup. Ct. 2023)

    "A party opposing summary judgment is entitled to obtain further discovery when it appears that facts supporting the opposing party's position may exist but cannot then be stated (see CPLR 3212 [f])" (Matter of Fasciglione, 73 A.D.3d 769, 770 [2d Dept 2010]). Such is the case here, inasmuch as the pretrial depositions of Dr. Martinez and FHH's bedside nurse had not been conducted when the prior motions for summary judgment were decided (see Lecorps v Chaplia, 115 A.D.3d 818, 818-819 [2d Dept 2014]; Chmelovsky v Country Club Homes, Inc., 106 A.D.3d 684 [2d Dept 2013]). Therefore, the motions are denied with leave to renew upon completion of the depositions.