Bernola v. Vogt

Appellate Division of the Supreme Court of New York

Bernola v. Vogt

140 A.D.2d 966, 529 N.Y.S.2d 721, 1988 N.Y. App. Div. LEXIS 5924

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

DecidedMay 27, 1988

StatusPublished

This text of 140 A.D.2d 966 (Bernola v. Vogt) 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

Bernola v. Vogt, 140 A.D.2d 966, 529 N.Y.S.2d 721, 1988 N.Y. App. Div. LEXIS 5924 (N.Y. Ct. App. 1988).

Pincite

Opinion

Memorandum: Defendants’ motion for summary judgment dismissing the complaint was properly denied and plaintiff’s motion to compel discovery, including the deposition of defendant Vogt, was properly granted. Where, as here, 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 Delaware Ave., 125 AD2d 971; Mack v Gregory Mem. Hosp., 90 AD2d 969). This decision is without prejudice to defendants renewing their motion upon completion of discovery (see, Blue Bird Coach Lines v 107 Delaware Ave., supra). (Appeal from order of Supreme Court, Monroe County, Wesley, J. — dismiss complaint.) Present — Denman, J. P., Green, Pine, Balio and Davis, JJ.

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Memorandum: Defendants’ motion for summary judgment dismissing the complaint was properly denied and plaintiff’s motion to compel discovery, including the deposition of defendant Vogt, was properly granted. Where, as here, 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 Delaware Ave., 125 AD2d 971; Mack v Gregory Mem. Hosp., 90 AD2d 969). This decision is without prejudice to defendants renewing their motion upon completion of discovery (see, Blue Bird Coach Lines v 107 Delaware Ave., supra). (Appeal from order of Supreme Court, Monroe County, Wesley, J. — dismiss complaint.) Present — Denman, J. P., Green, Pine, Balio and Davis, JJ.

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Bluebook (online)

140 A.D.2d 966, 529 N.Y.S.2d 721, 1988 N.Y. App. Div. LEXIS 5924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bernola-v-vogt-nyappdiv-1988.

Opinion

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