Cannon v. New York City Police Department

Appellate Division of the Supreme Court of New York

Cannon v. New York City Police Department

104 A.D.3d 454, 960 N.Y.S.2d 308

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

DecidedMarch 12, 2013

StatusPublished

This text of 104 A.D.3d 454 (Cannon v. New York City Police Department) 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

Cannon v. New York City Police Department, 104 A.D.3d 454, 960 N.Y.S.2d 308 (N.Y. Ct. App. 2013).

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Opinion

Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered November 22, 2011, which, inter alia, granted defendants’ cross motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied, without prejudice to renewal after discovery.

It was premature to consider defendants’ cross motion for summary judgment before plaintiff deposed First Deputy Commissioner Raphael Pineiro and the NYPD representative. Those examinations might have led to additional information and discovery, none of which plaintiff had been able to obtain or compel prior to the court’s decision on the cross motion. Concur — Tom, J.E, Moskowitz, Richter and Clark, JJ.

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Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered November 22, 2011, which, inter alia, granted defendants’ cross motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied, without prejudice to renewal after discovery.

It was premature to consider defendants’ cross motion for summary judgment before plaintiff deposed First Deputy Commissioner Raphael Pineiro and the NYPD representative. Those examinations might have led to additional information and discovery, none of which plaintiff had been able to obtain or compel prior to the court’s decision on the cross motion. Concur — Tom, J.E, Moskowitz, Richter and Clark, JJ.

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Bluebook (online)

104 A.D.3d 454, 960 N.Y.S.2d 308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cannon-v-new-york-city-police-department-nyappdiv-2013.