Opinion
12-07-2016
Ricky INGRAM, appellant, v. BAY RIDGE AUTOMOTIVE MANAGEMENT CORP., defendant, Bay Ridge Lexus, respondent.
Greenberg & Wolff, PLLC, Merrick, NY (Adrianne S. Greenberg and Nicholas Z. Tzaneteas of counsel), for appellant. London Fischer LLP, New York, NY (Clifford B. Aaron and Michael B. Weiss of counsel), for respondent.
Greenberg & Wolff, PLLC, Merrick, NY (Adrianne S. Greenberg and Nicholas Z. Tzaneteas of counsel), for appellant.
London Fischer LLP, New York, NY (Clifford B. Aaron and Michael B. Weiss of counsel), for respondent.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Solomon, J.), dated May 19, 2016, which denied his motion for summary judgment on the issue of liability insofar as asserted against the defendant Bay Ridge Lexus, with leave to renew upon the completion of his deposition. 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” (Brea v. Salvatore, 130 A.D.3d 956, 956, 13 N.Y.S.3d 839 ; see Malester v. Rampil, 118 A.D.3d 855, 856, 988 N.Y.S.2d 226 ). A party opposing summary judgment is entitled to obtain further discovery when it appears, from affidavits submitted in opposition to the motion, that facts supporting the opposing party's position may exist but cannot then be stated (see CPLR 3212[f] ; Brea v. Salvatore, 130 A.D.3d at 956, 13 N.Y.S.3d 839 ; Nicholson v. Bader, 83 A.D.3d 802, 920 N.Y.S.2d 682 ). Under the circumstances of this case, the Supreme Court properly denied the plaintiff's motion for summary judgment on the issue of liability insofar as asserted against the defendant Bay Ridge Lexus, with leave to renew upon the completion of his deposition.
DILLON, J.P., LEVENTHAL, COHEN and MILLER, JJ., concur.