Legal Opinion
Evangelista v. Kambanis
Appellate Division of the Supreme Court of the State of New York
Decided June 29, 2010PublishedCited by 5 opinions
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 (Lane, J.), entered December 11, 2009, which denied, as premature, their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, without costs or disbursements.
“A party opposing summary judgment is entitled to obtain *1279further discovery when it appears that facts supporting the opposing party’s position may exist but cannot then be stated” (Matter of Fasciglione, 73 AD3d 769 [2010]; see CPLR 3212 [f]; Rodriguez v DeStefano, 72 AD3d 926…
2Cases cited5 opinions
- In re the Estate of FasciglioneAppellate Division of the Supreme Court of the State of New York · 2010
- Gruenfeld v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2010
- Harvey v. NealisAppellate Division of the Supreme Court of the State of New York · 2009
- Rodriguez v. DeStefanoAppellate Division of the Supreme Court of the State of New York · 2010
- Adler v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by5 opinions
- Daniels v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
- Chmelovsky v. Country Club Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Chmelovsky v. Country Club Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Daniels v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
- Sakkas v. Pearl Ct. Props., LLCAppellate Division of the Supreme Court of the State of New York · 2026