Liotta v. Power Test Petroleum Distributors, Inc.

Appellate Division of the Supreme Court of New York

Liotta v. Power Test Petroleum Distributors, Inc.

179 A.D.2d 802

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

DecidedJanuary 27, 1992

StatusPublished

This text of 179 A.D.2d 802 (Liotta v. Power Test Petroleum Distributors, 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

Liotta v. Power Test Petroleum Distributors, Inc., 179 A.D.2d 802 (N.Y. Ct. App. 1992).

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Opinion

Contrary to the defendants’ contention, the Supreme Court properly denied their motion for summary judgment. Pursuant to CPLR 3212 (f), a court may deny a motion for summary judgment if it appears "that facts essential to justify opposition may exist but cannot then be stated” (CPLR 3212 [f]; R.C.S. Farmers Mkts. Corp. v Great Am. Ins. Co., 56 NY2d 918, 920-921; Adelman v Island Holding Corp., 157 AD2d 637). We find that essential facts believed to exist peculiarly within the defendants’ knowledge, with respect to the business relationship between them, have been sufficiently described so as to preclude the granting of summary judgment at this juncture (see, Kostov v New York City Hous. Auth., 140 AD2d 586). Mangano, P. J., Bracken, Lawrence and Rosenblatt, JJ., concur.

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Contrary to the defendants’ contention, the Supreme Court properly denied their motion for summary judgment. Pursuant to CPLR 3212 (f), a court may deny a motion for summary judgment if it appears "that facts essential to justify opposition may exist but cannot then be stated” (CPLR 3212 [f]; R.C.S. Farmers Mkts. Corp. v Great Am. Ins. Co., 56 NY2d 918, 920-921; Adelman v Island Holding Corp., 157 AD2d 637). We find that essential facts believed to exist peculiarly within the defendants’ knowledge, with respect to the business relationship between them, have been sufficiently described so as to preclude the granting of summary judgment at this juncture (see, Kostov v New York City Hous. Auth., 140 AD2d 586). Mangano, P. J., Bracken, Lawrence and Rosenblatt, JJ., concur.

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Bluebook (online)

179 A.D.2d 802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liotta-v-power-test-petroleum-distributors-inc-nyappdiv-1992.

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