Nicholson v. Bader
Cases that cite this one
12 later published cases cite this decision.
- Salameh v. Yarkovski (Appellate Division of the Supreme Court of New York 2017)
- Village of Dobbs Ferry v. Landing on the Water at Dobbs Ferry Homeowners Assn., Inc. (Appellate Division of the Supreme Court of New York 2021)
- Hawana v. Carbuccia (Appellate Division of the Supreme Court of New York 2018)
- Skura v. Wojtlowski (Appellate Division of the Supreme Court of New York 2018)
- Okula v. City of New York (Appellate Division of the Supreme Court of New York 2017)
- Martino v. Midtown Trackage Ventures, LLC (Appellate Division of the Supreme Court of New York 2017)
- Chander v. Eagle Sanitation, Inc. (Appellate Division of the Supreme Court of New York 2017)
- Ingram v. Bay Ridge Automotive Management Corp. (Appellate Division of the Supreme Court of New York 2016)
- Brea v. Salvatore (Appellate Division of the Supreme Court of New York 2015)
- Brea v. Salvatore (Appellate Division of the Supreme Court of New York 2015)
- Malester v. Rampil (Appellate Division of the Supreme Court of New York 2014)
- Malester v. Rampil (Appellate Division of the Supreme Court of New York 2014)
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
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Solomon, J.), dated August 12, 2010, which denied his motion for summaiy judgment on the issue of liability, without prejudice to renewal upon the completion of discovery.
Ordered that the order is affirmed, with costs.
“A party opposing summary judgment is entitled to obtain further discovery when it appears that facts supporting the opposing party’s position may exist but cannot then be stated” (Matter of Fasciglione, 73 AD3d 769, 770 [2010]; see CPLR 3212 [f]; Family-Friendly Media, Inc. v Recorder Tel. Network, 74 AD3d 738, 739 [2010]; Juseinoski v New York Hosp. Med. Ctr. of Queens, 29 AD3d 636, 637 [2006]). “This is especially so where the opposing party has not had a reasonable opportunity for disclosure prior to the making of the motion” (Baron v Incorporated Vil. of Freeport, 143 AD2d 792, 793 [1988]; see Aurora Loan Servs., LLC v LaMattina & Assoc., Inc., 59 AD3d 578 [2009]). Here, the plaintiff moved for summary judgment on the issue of liability approximately one month after joinder of issue and prior to the exchange of any discovery. Under the circumstances of this case, the Supreme Court properly denied the plaintiffs motion for summary judgment on the issue of liability, without prejudice to renewal upon the completion of discovery. Covello, J.P., Hall, Lott and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.