Legal Opinion

Blech v. West Park Presbyterian Church

Appellate Division of the Supreme Court of the State of New York

Decided July 10, 2012Published

1Opinion of the Court

Defendants’ initial motions for summary judgment were premature, since the matter was in the early stages of discovery, and depositions had not yet been taken (see CPLR 3212 [f]; Tucker v New York City Tr. Auth., 42 AD3d 316 [2007]; Gonzalez v Vincent James Mgt. Co., 306 AD2d 226 [2003]). The motion court erred in denying Richmond’s motion to reargue on the grounds that, inter alia, discovery “had not yet begun.” At the time of Richmond’s motion to reargue, virtually all discovery had concluded, including the depositions of all of the parties. The motion court also erred when it found that…

2Cases cited5 opinions

  1. Bermudez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
  2. Gonzalez v. Vincent James Management Co.Appellate Division of the Supreme Court of the State of New York · 2003
  3. Amarosa v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
  4. Tucker v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2007
  5. Kenyon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993

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