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Liotta v. Power Test Petroleum Distributors

Appellate Division of the Supreme Court of New York, Second Department
Jan 27, 1992
179 A.D.2d 802 (N.Y. App. Div. 1992)

Opinion

January 27, 1992

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


Ordered that the order is affirmed, with costs.

Contrary to the defendants' contention, the Supreme Court properly denied their motion for summary judgment. 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]; R.C.S. Farmers Mkts. Corp. v. Great Am. Ins. Co., 56 N.Y.2d 918, 920-921; Adelman v Island Holding Corp., 157 A.D.2d 637). We find that essential facts believed to exist peculiarly within the defendants' knowledge, with respect to the business relationship between them, have been sufficiently described so as to preclude the granting of summary judgment at this juncture (see, Koslov v. New York City Hous. Auth., 140 A.D.2d 586). Mangano, P.J., Bracken, Lawrence and Rosenblatt, JJ., concur.


Summaries of

Liotta v. Power Test Petroleum Distributors

Appellate Division of the Supreme Court of New York, Second Department
Jan 27, 1992
179 A.D.2d 802 (N.Y. App. Div. 1992)
Case details for

Liotta v. Power Test Petroleum Distributors

Case Details

Full title:THOMAS LIOTTA et al., Respondents, v. POWER TEST PETROLEUM DISTRIBUTORS…

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

Date published: Jan 27, 1992

Citations

179 A.D.2d 802 (N.Y. App. Div. 1992)

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