Legal Opinion
Nicholson v. Bader
Appellate Division of the Supreme Court of the State of New York
Decided April 12, 2011PublishedCited by 12 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Solomon, J.), dated August 12, 2010, which denied his motion for summaiy judgment on the issue of liability, without prejudice to renewal upon the completion of discovery.
Ordered that the order is affirmed, with costs.
“A party opposing summary judgment is entitled to obtain further discovery when it appears that facts supporting the opposing party’s position may exist but cannot then be stated” (Matter of Fasciglione, 73 AD3d 769, 770 [2010]; see CPLR 3212 [f];…
2Cases cited5 opinions
- Baron v. Incorporated VillageAppellate Division of the Supreme Court of the State of New York · 1988
- Juseinoski v. New York Hospital Medical Center of QueensAppellate Division of the Supreme Court of the State of New York · 2006
- Family-Friendly Media, Inc. v. Recorder Television NetworkAppellate Division of the Supreme Court of the State of New York · 2010
- Aurora Loan Services v. Lamattina & Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- In re the Estate of FasciglioneAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by12 opinions
- Brea v. SalvatoreAppellate Division of the Supreme Court of the State of New York · 2015
- Malester v. RampilAppellate Division of the Supreme Court of the State of New York · 2014
- Salameh v. YarkovskiAppellate Division of the Supreme Court of the State of New York · 2017
- Okula v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
- Chander v. Eagle Sanitation, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
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