Opinion
2014-11964
07-29-2015
Ana BREA, appellant, v. Phillip Cino SALVATORE, et al., respondents.
Michael A. Cervini, Elmhurst, N.Y. (Robin Mary Heaney of counsel), for appellant. McCabe, Collins, McGeough & Fowler, LLP, Carle Place, N.Y. (Patrick M. Murphy and Teresa Campano of counsel), for respondents.
Michael A. Cervini, Elmhurst, N.Y. (Robin Mary Heaney of counsel), for appellant.
McCabe, Collins, McGeough & Fowler, LLP, Carle Place, N.Y. (Patrick M. Murphy and Teresa Campano of counsel), for respondents.
Opinion 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 A.D.3d 855, 856, 988 N.Y.S.2d 226 ; Video Voice, Inc. v. Local T.V., Inc., 114 A.D.3d 935, 980 N.Y.S.2d 828 ; Bank of Am., N.A. v. Hillside Cycles, Inc., 89 A.D.3d 653, 654, 932 N.Y.S.2d 128 ; Venables v. Sagona, 46 A.D.3d 672, 673, 848 N.Y.S.2d 238 ). 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 A.D.3d 802, 920 N.Y.S.2d 682 ). Here, the plaintiff 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 plaintiff's 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.