Opinion
Filed May 12, 1999
Appeal from the Order of Supreme Court, Niagara County, Joslin, J. — Summary Judgment.
PRESENT: PINE, J. P., HAYES, PIGOTT, JR., HURLBUTT AND CALLAHAN, JJ.
Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied the motion of defendant Edwin J. Shoemaker for summary judgment with leave to renew upon completion of all discovery. Where pertinent facts essential to justify opposition to a motion for summary judgment are exclusively within the knowledge and control of the movant and may be revealed through pretrial discovery, summary judgment should be denied ( see, CPLR 3212 [f]; Blue Bird Coach Lines v. 107 Delaware Ave., 125 A.D.2d 971; Mack v. Gregory Mem. Hosp., 90 A.D.2d 969).