50 Gramercy Park North Owners Corp. v. GPH Partners LLC (Sponsor)

Appellate Division of the Supreme Court of New York

50 Gramercy Park North Owners Corp. v. GPH Partners LLC (Sponsor)

2017 NY Slip Op 3123, 149 A.D.3d 635, 50 N.Y.S.3d 870

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 25, 2017

Docket3815 103736/11

StatusPublished

This text of 2017 NY Slip Op 3123 (50 Gramercy Park North Owners Corp. v. GPH Partners LLC (Sponsor)) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

50 Gramercy Park North Owners Corp. v. GPH Partners LLC (Sponsor), 2017 NY Slip Op 3123, 149 A.D.3d 635, 50 N.Y.S.3d 870 (N.Y. Ct. App. 2017).

Pincite

Opinion

Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered June 13, 2016, which denied plaintiff’s motion for partial summary judgment on the first, eighth through tenth, twelfth through seventeenth, and twenty-third causes of action, unanimously affirmed, without costs.

Defendants’ denials in their answer were not improper and do not entitle plaintiff to summary judgment. Further, insofar as plaintiff relied on affidavits and documentary evidence in support of its motion, given the early stage of discovery, Supreme Court did not err in denying summary judgment as premature (see CPLR 3212 [f]).

Concur — Friedman, J.P., Richter, Feinman, Gische and Gesmer, JJ.

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Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered June 13, 2016, which denied plaintiff’s motion for partial summary judgment on the first, eighth through tenth, twelfth through seventeenth, and twenty-third causes of action, unanimously affirmed, without costs.

Defendants’ denials in their answer were not improper and do not entitle plaintiff to summary judgment. Further, insofar as plaintiff relied on affidavits and documentary evidence in support of its motion, given the early stage of discovery, Supreme Court did not err in denying summary judgment as premature (see CPLR 3212 [f]).

Concur — Friedman, J.P., Richter, Feinman, Gische and Gesmer, JJ.

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Bluebook (online)

2017 NY Slip Op 3123, 149 A.D.3d 635, 50 N.Y.S.3d 870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/50-gramercy-park-north-owners-corp-v-gph-partners-llc-sponsor-nyappdiv-2017.