Taylor v. Krebs
Cases that cite this one
3 later published cases cite this decision.
- Williams v. CVS Pharmacy, Inc. (Appellate Division of the Supreme Court of New York 2015)
- Philadelphia Indemnity Insurance v. AMI Development (Appellate Division of the Supreme Court of New York 2013)
- Philadelphia Indemnity Insurance v. AMI Development (Appellate Division of the Supreme Court of New York 2013)
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
Under the facts of this case, it was premature for the Supreme Court to grant the plaintiffs motion for summary judgment on the issue of liability prior to the exchange of any discovery (see CPLR 3212 [f]; Babcock v Roche, 262 AD2d 512, 512-513 [1999]; McNally v Fitzgerald, 260 AD2d 355, 356 [1999]; Hentschel v Campbell Carpet Servs., 256 AD2d 500, 500-501 [1998]; Barletta v Lewis, 237 AD2d 238 [1997]). Accordingly, the motion should have been denied, without prejudice to renewal upon the completion of discovery.
In light of our determination, we need not reach the defendant’s remaining contentions. Rivera, J.R, Leventhal, Belen and Roman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.