Home/Appellate Division of the Supreme Court of New York/Coniber v. Center Point Transfer Station, Inc.

Coniber v. Center Point Transfer Station, Inc.

82 A.D.3d 1629, 919 N.Y.2d 409
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 25, 2011
StatusPublished
Cited by6 cases

This text of 82 A.D.3d 1629 (Coniber v. Center Point Transfer Station, Inc.) 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
Coniber v. Center Point Transfer Station, Inc., 82 A.D.3d 1629, 919 N.Y.2d 409 (N.Y. Ct. App. 2011).

Opinion

Memorandum: Supreme Court properly concluded that it was premature to grant defendants’ cross motion for summary judgment dismissing the complaint at this stage of the litigation, in view of the limited discovery that has been conducted (see CPLR 3212 [f]; Sportiello v City of New York, 6 AD3d 421 [2004]). We further conclude, however, that the court should have denied the cross motion without prejudice (see Hall v Rite Aid Corp., 37 AD3d 1160 [2007]). We therefore modify the order accordingly. Present — Scudder, EJ., Fahey, Garni, Green and Gorski, JJ.

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Cite This Page — Counsel Stack

Bluebook (online)
82 A.D.3d 1629, 919 N.Y.2d 409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coniber-v-center-point-transfer-station-inc-nyappdiv-2011.