AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

FRANK AMICO, Appellant, v. MELVILLE VOLUNTEER FIRE COMPANY, INC., Respondent, et al., Defendant.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Melville Volunteer Fire Company, Inc., for summary judgment dismissing the complaint insofar as asserted against it is denied as premature, with leave to renew upon completion of discovery.

A party should be afforded a reasonable opportunity to conduct discovery prior to the determination of a motion for summary judgment ( see Urcan v Cocarelli, 234 AD2d 537). Here, the plaintiff has not had an adequate opportunity to conduct discovery, and the motion by the defendant Melville Volunteer Fire Company, Inc., should have been denied as premature ( see CPLR 3212 [f]; Fazio v Brandywine Realty Trust, 29 AD3d 939; Juseinoski v New York Hosp. Med. Ctr. of Queens, 29 AD3d 636; Manufacturers Traders Trust Co. v North Fork Bank, 16 AD3d 467).

Use AI to get other relevant cases.

Comments

AMICO v. MELVILLE VOLUNTEER
(Apr 24, 2007)