Marcus Dairy v. Jacene Realty Corp.

Full title: MARCUS DAIRY, INC., Appellant, v. JACENE REALTY CORP. et al., Defendants…

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

Date published: Dec 22, 1997

245 A.D.2d 493 (N.Y. App. Div. 1997)

666 N.Y.S.2d 31

Opinion

December 22, 1997

Appeal from the Supreme Court, Westchester County (Coppola, J.).

Ordered that the order is reversed, with costs, the motion by Columbia Equities, Ltd., to dismiss the complaint is denied, and the plaintiff's cross motion to compel discovery is granted.

The disposition of this matter by summary dismissal under CPLR 3211 (a) (7) is premature. It appears from the documentation and brief deposition testimony submitted by the plaintiff, that facts essential to justify opposition to the motion of Columbia Equities, Ltd. to dismiss may exist, but cannot now be stated, and that discovery is required ( see, CPLR 3211 [d]).

Rosenblatt, J. P., Altman, Florio and McGinity, JJ., concur.