Appellate Division of the Supreme Court of New York, 2004

Brown v. Krueger

Appellate Division of the Supreme Court of New York · Decided December 30, 2004

13 A.D.3d 1182; 786 N.Y.S.2d 778; 2004 N.Y. App. Div. LEXIS 16371

Cases that cite this one

3 later published cases cite this decision.

VOIGT, TIMOTHY v. SAVARINO CONSTRUCTION CORP. (Appellate Division of the Supreme Court of New York 2012)
Voigt v. Savarino Construction Corp. (Appellate Division of the Supreme Court of New York 2012)
Nesathurai v. University at Buffalo (Appellate Division of the Supreme Court of New York 2005)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Appeal from an order of the Supreme Court, Niagara County (Amy J. Fricano, J.), entered October 7, 2003. The order denied without prejudice the motion of defendants Deargate Homes Limited and Frank Mauro for summary judgment dismissing the complaint and cross claims against defendant Frank Mauro.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied without prejudice the motion of Deargate Homes Limited and Frank Mauro (defendants) for summary judgment dismissing the complaint and cross claims against Mauro. Where, as here, “the facts essential to opposing defendants’] motion may exist but cannot *1183be stated without conducting discovery of employees of defendants and others, the court should . . . den[y] the motion pursuant to CPLR 3212 (f)” (Perotto Dev. Corp. v Sear-Brown Group, 269 AD2d 749, 749 [2000]; see Borland v Sampson Steel Fabricators, 298 AD2d 831, 833 [2002]; Sumell v Wegmans Food Mkts., 254 AD2d 702 [1998]). Present—Green, J.P., Pine, Hurlbutt, Martoche and Smith, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.