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Hager v. Denny's [4th Dept 2001

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 21, 2001
281 A.D.2d 921 (N.Y. App. Div. 2001)

Opinion

March 21, 2001.

Appeal from Order of Supreme Court, Erie County, Mahoney, J. — Summary Judgment.

BEFORE: GREEN, J. P., PINE, HAYES, SCUDDER AND BURNS, JJ.


Order insofar as appealed from unanimously reversed on the law without costs, motion denied with leave to renew upon the completion of discovery and complaint against defendant Borg-Warner Protective Services Corporation, d/b/a Burns International Security Services, reinstated. Memorandum: Supreme Court erred in granting the motion of defendant Borg-Warner Protective Services Corporation, d/b/a Burns International Security Services, for summary judgment dismissing the complaint against it. The motion is premature because there has been no reasonable opportunity for discovery ( see, Urcan v. Cocarelli, 234 A.D.2d 537). We therefore deny the motion with leave to renew upon the completion of discovery.


Summaries of

Hager v. Denny's [4th Dept 2001

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 21, 2001
281 A.D.2d 921 (N.Y. App. Div. 2001)
Case details for

Hager v. Denny's [4th Dept 2001

Case Details

Full title:MARK HAGER AND JOSEPH CICERO, PLAINTIFFS-APPELLANTS, v. DENNY'S, INC., AND…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 21, 2001

Citations

281 A.D.2d 921 (N.Y. App. Div. 2001)
722 N.Y.S.2d 453

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