Legal Opinion

Brea v. Salvatore

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

Decided July 29, 2015Published

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 (Martin, J.), dated September 30, 2014, which denied her motion for summary judgment on the issue of liability, with leave to renew after depositions of the parties.

Ordered that the order is affirmed, with costs.

A party should be afforded a reasonable opportunity to conduct discovery prior to the determination of a motion for summary judgment (see Malester v Rampil, 118 AD3d 855, 856 [2014]; Video Voice, Inc. v Local T.V., Inc., 114 AD3d 935 [2014]; Bank of Am., N.A. v…

2Cases cited5 opinions

  1. Malester v. RampilAppellate Division of the Supreme Court of the State of New York · 2014
  2. Bank of America, N.A. v. Hillside Cycles, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Nicholson v. BaderAppellate Division of the Supreme Court of the State of New York · 2011
  4. Venables v. SagonaAppellate Division of the Supreme Court of the State of New York · 2007
  5. Video Voice, Inc. v. Local T.V., Inc.Appellate Division of the Supreme Court of the State of New York · 2014

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