R.C.S. Farmers Markets Corp. v. Great American Insurance

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the matter should be remitted to the Appellate Division for review of the discretion exercised by Special Term in denying the motion (CPLR 3212, subd [f]).

Defendant argues that the deposition of plaintiff’s president contained sufficient factual data to require denial of plaintiff’s motion for summary judgment. It did establish from his mouth the desperate financial condition of the corporation and thus a motive for arson. Likewise it detailed the facts that though there were no such…