Martinez v. Fernandez

Appellate Division of the Supreme Court of New York

Martinez v. Fernandez

37 A.D.3d 373, 829 N.Y.S.2d 902

Appellate Division of the Supreme Court of the State of New York·Decided February 27, 2007·Published

Opinion

Order, Supreme Court, Bronx County (George D. Salerno, J.), entered March 29, 2006, which denied defendant-appellant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Appellant’s motion for summary judgment was properly denied, without prejudice to renewal, so as to afford plaintiff a reasonable opportunity to obtain discovery from the Sokoloff defendants respecting the circumstances of the automobile accident pertinent to determining if liability may be assigned to appellant (see Catena v Amsterdam Mem. Hosp., 6 AD3d 1037, 1038-1039 [2004]). Concur—Saxe, J.E, Nardelli, Buckley, Gonzalez and Sweeny, JJ.

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Order, Supreme Court, Bronx County (George D. Salerno, J.), entered March 29, 2006, which denied defendant-appellant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Appellant’s motion for summary judgment was properly denied, without prejudice to renewal, so as to afford plaintiff a reasonable opportunity to obtain discovery from the Sokoloff defendants respecting the circumstances of the automobile accident pertinent to determining if liability may be assigned to appellant (see Catena v Amsterdam Mem. Hosp., 6 AD3d 1037, 1038-1039 [2004]). Concur—Saxe, J.E, Nardelli, Buckley, Gonzalez and Sweeny, JJ.

Martinez v. Fernandez, 37 A.D.3d 373, 829 N.Y.S.2d 902 (N.Y. Ct. App. 2007).

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Opinion

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