Appellate Division of the Supreme Court of New York, 2011

Bond v. DeMasco

Appellate Division of the Supreme Court of New York · Decided May 31, 2011

84 A.D.3d 1292; 923 N.Y.S.2d 902

Cases that cite this one

9 later published cases cite this decision.

Yuhua Han v. Gladyshev (Appellate Division of the Supreme Court of New York 2017)
Bernstein v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2017)
Sepulveda v. Cammeby's Management Co. (Appellate Division of the Supreme Court of New York 2014)
Worley v. Safemove Rental (Appellate Division of the Supreme Court of New York 2014)
Schlichting v. Elliquence Realty, LLC (Appellate Division of the Supreme Court of New York 2014)
Schlichting v. Elliquence Realty, LLC (Appellate Division of the Supreme Court of New York 2014)
Ramirez v. McAllister (Appellate Division of the Supreme Court of New York 2014)
Ramirez v. McAllister (Appellate Division of the Supreme Court of New York 2014)
Bank of America, N.A. v. Hillside Cycles, Inc. (Appellate Division of the Supreme Court of New York 2011)

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, etc., the plaintiffs appeal from an order of the Supreme Court, Richmond County (Fusco, J.), dated December 20, 2010, which denied, as premature, their motion for summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

*1293Contrary to the plaintiffs’ contention, the Supreme Court properly denied, as premature, their motion for summary judgment on the issue of liability (see CPLR 3212 [f]; Lambert v Sklar, 61 AD3d 939, 940 [2009]; Aurora Loan Servs., LLC v LaMattina & Assoc., Inc., 59 AD3d 578 [2009]). The plaintiffs moved for summary judgment on the issue of liability prior to the parties’ depositions. The defendants did not have an adequate opportunity to conduct discovery (see Amico v Melville Volunteer Fire Co., Inc., 39 AD3d 784, 785 [2007]). Moreover, the plaintiff Anne F. Bond and the defendant Rita J. DeMasco submitted, among other things, affidavits containing certain discrepancies pertaining to the circumstances of the subject accident (see Gardner v Cason, Inc., 82 AD3d 930 [2011]; Cardone v Poidamani, 73 AD3d 828 [2010]). Mastro, J.P., Leventhal, Austin and Cohen, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.