Opinion
7671 Index 160829/16
11-20-2018
Dilsia RODRIGUEZ, Plaintiff–Respondent, v. ARCHITRON ENVIRONMENTAL SERVICES, INC., Defendant–Appellant McGowan Builders, Inc., Defendant.
Edward B. Safran, New York, for appellant. Law Office of Craig Rosuck, P.C., New York (Craig Rosuck of counsel), for respondent.
Edward B. Safran, New York, for appellant.
Law Office of Craig Rosuck, P.C., New York (Craig Rosuck of counsel), for respondent.
Sweeny, J.P., Gische, Kapnick, Gesmer, Moulton, JJ.
Order, Supreme Court, New York County (Arlene P. Bluth, J.), entered February 8, 2018, which denied the motion by defendant Architron Environmental Services, Inc. for summary judgment dismissing the action as against it, unanimously affirmed, without costs.
The summary judgment motion was premature and the motion court properly denied it on that basis. No discovery had been conducted before Architron moved for summary judgment; thus, plaintiff was not given a chance to depose two parties—defendants in a related action that has now been consolidated with this one—who might have knowledge concerning the relevant issues in this action (see Gonzalez v. Vincent James Mgt. Co., Inc., 306 A.D.2d 226, 761 N.Y.S.2d 227 [1st Dept. 2003] ; La v. New York Infirmary/Beekman Downtown Hosp., 214 A.D.2d 425, 625 N.Y.S.2d 36 [1st Dept. 1995] ).
Moreover, even if the documents that Architron submitted on its motion had sufficed to make a prima facie showing that it had completed its work at the site before plaintiff's alleged accident, plaintiff nonetheless had an acceptable excuse for not offering any countervailing facts to oppose the motion—namely, the lack of any opportunity to conduct discovery (see Gonzalez, 306 A.D.2d at 226, 761 N.Y.S.2d 227 ).