Legal Opinion
Coniber v. Center Point Transfer Station, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 25, 2011PublishedCited by 6 opinions
1Opinion of the Court
Memorandum: Supreme Court properly concluded that it was premature to grant defendants’ cross motion for summary judgment dismissing the complaint at this stage of the litigation, in view of the limited discovery that has been conducted (see CPLR 3212 [f]; Sportiello v City of New York, 6 AD3d 421 [2004]). We further conclude, however, that the court should have denied the cross motion without prejudice (see Hall v Rite Aid Corp., 37 AD3d 1160 [2007]). We therefore modify the order accordingly. Present — Scudder, EJ., Fahey, Garni, Green and Gorski, JJ.
2Cases cited2 opinions
- Sportiello v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
- Hall v. Rite Aid Corp.Appellate Division of the Supreme Court of the State of New York · 2007
3Cited by6 opinions
- GENESEE/WYOMING YMCA v. BOVIS LEND LEASE LMB, INC.Appellate Division of the Supreme Court of the State of New York · 2012
- Schlau v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2012
- Jones v. Jay P. Tovey Co., Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- SCHLAU, JR., KENNETH M. v. CITY OF BUFFALOAppellate Division of the Supreme Court of the State of New York · 2012
- Schlau v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2012
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