Baron v. New York Telephone Co.

Appellate Division of the Supreme Court of New York

Baron v. New York Telephone Co.

259 A.D.2d 296, 684 N.Y.S.2d 783, 1999 N.Y. App. Div. LEXIS 2390

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

DecidedMarch 9, 1999

StatusPublished

This text of 259 A.D.2d 296 (Baron v. New York Telephone Co.) 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

Baron v. New York Telephone Co., 259 A.D.2d 296, 684 N.Y.S.2d 783, 1999 N.Y. App. Div. LEXIS 2390 (N.Y. Ct. App. 1999).

Pincite

Opinion

Order, Supreme Court, New York County (Leland DeGrasse, J.), entered October 7, 1997, which, in an action for personal injuries sustained in a trip and fall allegedly caused by negligently installed telephone wire in plaintiffs work place, granted defendant NYNEX’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion for summary judgment denied without prejudice to renewal upon completion of all discovery.

[297]*297Upon the present circumstances, the motion court erred in granting summary judgment where plaintiff has not yet been afforded the opportunity to complete discovery (see, CPLR 3212 [f]). Concur — Rosenberger, J. P., Lerner, Rubin and Mazzarelli, JJ.

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Order, Supreme Court, New York County (Leland DeGrasse, J.), entered October 7, 1997, which, in an action for personal injuries sustained in a trip and fall allegedly caused by negligently installed telephone wire in plaintiffs work place, granted defendant NYNEX’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion for summary judgment denied without prejudice to renewal upon completion of all discovery.

[297]*297Upon the present circumstances, the motion court erred in granting summary judgment where plaintiff has not yet been afforded the opportunity to complete discovery (see, CPLR 3212 [f]). Concur — Rosenberger, J. P., Lerner, Rubin and Mazzarelli, JJ.

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Bluebook (online)

259 A.D.2d 296, 684 N.Y.S.2d 783, 1999 N.Y. App. Div. LEXIS 2390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baron-v-new-york-telephone-co-nyappdiv-1999.