Legal Opinion
Shellberry v. Albright
Appellate Division of the Supreme Court of the State of New York
Decided June 18, 1999PublishedCited by 4 opinions
1Opinion of the Court
—Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied the motion of defendant Edwin J. Shoemaker for summary judgment with leave to renew upon completion of all discovery. Where pertinent facts essential to justify opposition to a motion for summary judgment are exclusively within the knowledge and control of the movant and may be revealed through pretrial discovery, summary judgment should be denied (see, CPLR 3212 [f]; Blue Bird Coach Lines v 107 Del. Ave., 125 AD2d 971; Mack v Gregory Mem. Hosp., 90 AD2d 969). (Appeal from Order of Supreme Court, Niagara County,…
2Cases cited2 opinions
- Mack v. Arnold Gregory Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1982
- Blue Bird Coach Lines, Inc. v. 107 Delaware Avenue, N. V., Inc.Appellate Division of the Supreme Court of the State of New York · 1986
3Cited by4 opinions
- Catena v. Amsterdam Memorial Hospital, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Shellberry v. AlbrightAppellate Division of the Supreme Court of the State of New York · 2001
- 562 Eglinton, Inc. v. MerloAppellate Division of the Supreme Court of the State of New York · 2000
- Hammond v. Alekna Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 1999