Appellate Division of the Supreme Court of New York, 2017

50 Gramercy Park North Owners Corp. v. GPH Partners LLC (Sponsor)

50 Gramercy Park North Owners Corp. v. GPH Partners LLC (Sponsor)
Appellate Division of the Supreme Court of New York · Decided April 25, 2017 · Friedman, Richter, Feinman, Gische, Gesmer
2017 NY Slip Op 3123; 149 A.D.3d 635; 50 N.Y.S.3d 870
50 Gramercy Park North Owners Corp. v. GPH Partners LLC (Sponsor)

Opinion

Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered June 13, 2016, which denied plaintiff’s motion for partial summary judgment on the first, eighth through tenth, twelfth through seventeenth, and twenty-third causes of action, unanimously affirmed, without costs.

Defendants’ denials in their answer were not improper and do not entitle plaintiff to summary judgment. Further, insofar as plaintiff relied on affidavits and documentary evidence in support of its motion, given the early stage of discovery, Supreme Court did not err in denying summary judgment as premature (see CPLR 3212 [f]).

Concur — Friedman, J.P., Richter, Feinman, Gische and Gesmer, JJ.

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