Appellate Division of the Supreme Court of New York, 2015

Brea v. Salvatore

Appellate Division of the Supreme Court of New York · Decided July 29, 2015

130 A.D.3d 956; 13 N.Y.S.3d 839

Cases that cite this one

26 later published cases cite this decision. The 25 that cite it most often are listed here.

Fundfi Merchant Funding, LLC v. BKT High Quality Healthcare Agency LLC (New York Supreme Court, Kings County 2024)
Fundfi Merchant Funding, LLC v. BKT High Quality Healthcare Agency LLC (New York Supreme Court, Kings County 2024)
Fundfi Merchant Funding, LLC v. BKT High Quality Healthcare Agency LLC (New York Supreme Court, Kings County 2024)
Zomongo.TV USA Inc. v. Capital Advance Servs., LLC (New York Supreme Court, Kings County 2024)
Diller v. Mirto (Appellate Division of the Supreme Court of New York 2022)
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)
Rutherford v. Brooklyn Navy Yard Dev. Corp. (Appellate Division of the Supreme Court of New York 2019)
Skura v. Wojtlowski (Appellate Division of the Supreme Court of New York 2018)
Amyotte v. Armic Serv. Corp. (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)
Salameh v. Yarkovski (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)
Romano v. Welsbach Elec. Corp. (Appellate Division of the Supreme Court of New York 2026)
Magistro v. New York City Hous. Auth. (Appellate Division of the Supreme Court of New York 2025)
Happy 8 Realty Corp. v. Great World Realty, LLC (Appellate Division of the Supreme Court of New York 2025)
Heredia v. GCB, Inc. (Appellate Division of the Supreme Court of New York 2025)
Kharyshyn v. West End 82, LLC (Appellate Division of the Supreme Court of New York 2024)
Arias v. Allen J. Reyen, Inc. (Appellate Division of the Supreme Court of New York 2022)
Goldfinger v. Freeland (Appellate Division of the Supreme Court of New York 2022)
Arena v. City of New York (Appellate Division of the Supreme Court of New York 2021)
Vasquez v. Zion Lutheran Church (Appellate Division of the Supreme Court of New York 2020)
Haxhijaj v. Ferrer (Appellate Division of the Supreme Court of New York 2018)
Bernstein v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2017)

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 (Martin, J.), dated September 30, 2014, which denied her motion for summary judgment on the issue of liability, with leave to renew after depositions of the parties.

Ordered that the order is affirmed, with costs.

A party should be afforded a reasonable opportunity to conduct discovery prior to the determination of a motion for summary judgment (see Malester v Rampil, 118 AD3d 855, 856 [2014]; Video Voice, Inc. v Local T.V., Inc., 114 AD3d 935 [2014]; Bank of Am., N.A. v Hillside Cycles, Inc., 89 AD3d 653, 654 [2011]; Venables v Sagona, 46 AD3d 672, 673 [2007]). 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 (see CPLR 3212 [f]; Nicholson v Bader, 83 AD3d 802 [2011]). Here, the *957plaintiff moved for summary judgment on the issue of liability approximately two months 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, with leave to renew after depositions of the parties. Rivera, J.P., Leventhal, Roman and Hinds-Radix, JJ., concur.

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