Legal Opinion
Morris v. Goldstein
Appellate Division of the Supreme Court of the State of New York
Decided January 16, 1996PublishedCited by 7 opinions
1Opinion of the Court
In an action to recover damages for fraud, the defendant Fred M. Ainsley appeals from an order of the Supreme Court, Nassau County (DeMaro, J.), dated October 28, 1994, which denied his motion for summary judgment and to dismiss the complaint insofar as it is asserted against him without prejudice to renew the motion.
Ordered that the order is affirmed, with costs.
It is well settled that when a party is unable to effectively oppose a motion for summary judgment because the evidence needed to do so is within the exclusive knowledge of the moving party, the court may deny the motion, without…
2Cases cited4 opinions
- Chalasani v. NeumanNew York Court of Appeals · 1985
- Denkensohn v. DavenportAppellate Division of the Supreme Court of the State of New York · 1987
- Yu v. ForeroAppellate Division of the Supreme Court of the State of New York · 1992
- Classic Moments Co. v. AkataAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by7 opinions
- Gay v. FarellaAppellate Division of the Supreme Court of the State of New York · 2004
- Elegante Leasing, Ltd. v. Cross Trans Svc, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Kaplan v. SachsAppellate Division of the Supreme Court of the State of New York · 1996
- DeVito v. SilvernailAppellate Division of the Supreme Court of the State of New York · 1997
- O'Ferral v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
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