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Firesearch Corp. v. Micro Computer Controls

Appellate Division of the Supreme Court of New York, Second Department
Jun 2, 1997
240 A.D.2d 365 (N.Y. App. Div. 1997)

Opinion

June 2, 1997

Appeal from the Supreme Court, Suffolk County (Oshrin, J.).


Ordered that the order is affirmed, with costs.

Contrary to the defendants' contention, the vague and conclusory assertions in the affidavits of the defendant Thomas DeGasperi to the effect that the defendants did not engage in any improper conduct are insufficient to constitute a prima facie showing of their entitlement to judgment as a matter of law (see, Ayotte v. Gervasio, 81 N.Y.2d 1062; Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851).

In any event, the plaintiff has established that it has not yet received an adequate opportunity to conduct discovery into several relevant issues, some of which are exclusively within the knowledge of the defendants (see, CPLR 3212 [f]; Urcan v Cocarelli, 234 A.D.2d 537; Halpern Dev. Venture v. Board of Trustees, 222 A.D.2d 652; Baron v. Incorporated Vil. of Freeport, 143 A.D.2d 792). Accordingly, the Supreme Court properly denied the motion for summary judgment.

Bracken, J.P., Sullivan, Pizzuto and Krausman, JJ., concur.


Summaries of

Firesearch Corp. v. Micro Computer Controls

Appellate Division of the Supreme Court of New York, Second Department
Jun 2, 1997
240 A.D.2d 365 (N.Y. App. Div. 1997)
Case details for

Firesearch Corp. v. Micro Computer Controls

Case Details

Full title:FIRESEARCH CORP., Respondent, v. MICRO COMPUTER CONTROLS CORP. et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 2, 1997

Citations

240 A.D.2d 365 (N.Y. App. Div. 1997)
658 N.Y.S.2d 110

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