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Rajan v. Insler

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 2002
300 A.D.2d 463 (N.Y. App. Div. 2002)

Opinion

2002-02110

Submitted November 14, 2002.

December 16, 2002.

In an action, inter alia, to recover damages for breach of contract, the defendant Signature Health Center appeals from an order of the Supreme Court, Putnam County (Hickman, J.), dated January 29, 2002, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

Errol Blank, West Nyack, N.Y., for appellant.

John H. Hersh, Peekskill, N.Y., for respondent.

Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, HOWARD MILLER, WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court properly denied the appellant's motion for summary judgment. Due to the lack of disclosure, it would be premature to grant summary judgment at this stage of the proceedings (see CPLR 3212[f]; Almonte v. LaTortue, 293 A.D.2d 431; AIT Intl. v. Federal Express Corp., 278 A.D.2d 439).

ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.


Summaries of

Rajan v. Insler

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 2002
300 A.D.2d 463 (N.Y. App. Div. 2002)
Case details for

Rajan v. Insler

Case Details

Full title:SWAMINATHAN RAJAN, respondent, v. HARVEY INSLER, ET AL., defendants…

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

Date published: Dec 16, 2002

Citations

300 A.D.2d 463 (N.Y. App. Div. 2002)
750 N.Y.S.2d 896

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