Ciaffaglione v. Rabiner

Order, Supreme Court, Bronx County (Anita Florio, J.), entered July 21, 1992 which, insofar as appealed from, denied defendants Herbert Rabiner and Fresh Meadows Medical Associates, P. C.’s motion for summary judgment, without prejudice to renew upon completion of discovery, unanimously affirmed, with costs.

Where essential facts to justify opposition to a motion for summary judgment might exist, but cannot be stated because they are in the moving party’s exclusive knowledge or control, summary judgment must be denied. (CPLR 3212 [fj.) Here, the IAS Court properly denied defendants’ motion and…