- Bookmark
- Share
- CaseIQ
SHELLBERRY v. ALBRIGHT
Appellate Division of the Supreme Court of New York, Fourth Department.
May 12, 1999
Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied the motion of defendant Edwin J. Shoemaker for summary judgment with leave to renew upon completion of all discovery. Where pertinent facts essential to justify opposition to a motion for summary judgment are exclusively within the knowledge and control of the movant and may be revealed through pretrial discovery, summary judgment should be denied ( see, CPLR 3212 [f]; Blue Bird Coach Lines v. 107 Delaware Ave., 125 A.D.2d 971; Mack v. Gregory Mem. Hosp., 90 A.D.2d 969).
x
Alert
Please log in or sign up for a free trial to access this feature.