Chander v. Eagle Sanitation, Inc.
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 defendants appeal from an order of the Supreme Court, Queens County (Raffaele, J.), dated August 23, 2016, which granted the plaintiff’s motion for summary judgment on the issue of liability.
Ordered that the order is reversed, on the law, with costs, and the plaintiff’s motion for summary judgment on the issue of liability is denied as premature, with leave to renew upon the completion of discovery.
A party should be afforded a reasonable opportunity to conduct discovery prior to the determination of a motion for summary judgment (see…
2Cases cited5 opinions
- Brea v. SalvatoreAppellate Division of the Supreme Court of the State of New York · 2015
- Malester v. RampilAppellate Division of the Supreme Court of the State of New York · 2014
- Amico v. Melville Volunteer Fire Co.Appellate Division of the Supreme Court of the State of New York · 2007
- Nicholson v. BaderAppellate Division of the Supreme Court of the State of New York · 2011
- Okula v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
3Cited by3 opinions
- Amyotte v. Armic Serv. Corp.Appellate Division of the Supreme Court of the State of New York · 2018
- Cascio v. YRC, Inc.Appellate Division of the Supreme Court of the State of New York · 2020
- Goldfinger v. FreelandAppellate Division of the Supreme Court of the State of New York · 2022