Sepulveda v. Cammeby's Management Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the third-party defendant, Executive Envelopes Co., Inc., appeals from an order of the Supreme Court, Kings County (Bayne, J.), dated September 13, 2013, which denied, as premature, its motion for summary judgment dismissing the third-party complaint.
Ordered that the order is affirmed, with costs.
An award of summary judgment is premature at this stage of the action. CPLR 3212 (f) permits a court to deny a motion for summary judgment where it appears that the facts essential to oppose the motion exist but cannot then be stated (see…
2Cases cited7 opinions
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- Bank of America, N.A. v. Hillside Cycles, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- James v. Aircraft Service International GroupAppellate Division of the Supreme Court of the State of New York · 2011
- Bond v. DeMascoAppellate Division of the Supreme Court of the State of New York · 2011
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- Brielmeier v. LealAppellate Division of the Supreme Court of the State of New York · 2016
- Brooklyn Cancer Care Med., P.C. v. Brooklyn Hosp. Ctr.Appellate Division of the Supreme Court of the State of New York · 2022
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