Video Voice, Inc. v. Local T.V., Inc.

In an action, inter alia, for a judgment declaring the parties’ rights and obligations under a lease and to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Suffolk County (Molia, J.), dated August 22, 2012, which, in effect, denied, as premature, its motion for summary judgment, among other things, dismissing the complaint.

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” (Amico v Melville Volunteer Fire Co.,…