Legal Opinion
Goldheart International Ltd. v. Vulcan Construction Corp.
Appellate Division of the Supreme Court of the State of New York
Decided November 20, 1986PublishedCited by 6 opinions
1Opinion of the Court
*508On review of the record, we are in agreement that it was error for the IAS Justice, at a conference two weeks prior to the return date, to refuse to entertain the motion and to adjourn the application, sine die, pending completion of discovery proceedings previously ordered by the court (see, Matter of Grisi v Shainswit, 119 AD2d 418). The order, which precluded the parties from moving for summary judgment until completion of discovery, was in conflict with CPLR 3212 (a), which provides, "Any party may move for summary judgment in any action, after issue has been joined.” Notwithstanding the…
2Cases cited5 opinions
- Auerbach v. BennettNew York Court of Appeals · 1979
- Billy v. Consolidated Machine Tool Corp.New York Court of Appeals · 1980
- Grisi v. ShainswitAppellate Division of the Supreme Court of the State of New York · 1986
- Everitt v. Health Maintenance CenterAppellate Division of the Supreme Court of the State of New York · 1982
- C.F.C. Realty Corp. v. Empire Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by6 opinions
- Kracker v. Spartan Chemical Co.Appellate Division of the Supreme Court of the State of New York · 1992
- Maravalli v. Home Depot U.S.A., Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Karen S. v. StreitferdtAppellate Division of the Supreme Court of the State of New York · 1991
- Love v. Port AuthorityAppellate Division of the Supreme Court of the State of New York · 1990
- Latimer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
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