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Plaza Investments v. Kim

Appellate Division of the Supreme Court of New York, Second Department
Oct 17, 1994
208 A.D.2d 704 (N.Y. App. Div. 1994)

Opinion

October 17, 1994

Appeal from the Supreme Court, Richmond County (Leone, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff failed to establish its entitlement to summary judgment (see, Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851). In any event, the plaintiff's motion was made before any discovery was conducted, and many of the essential issues of fact in this case are solely within the knowledge of the plaintiff. Hence, summary judgment is not warranted (see, Lewis v. Agency Rent-A-Car, 168 A.D.2d 435).

We find no merit to the plaintiff's remaining contentions. Sullivan, J.P., Balletta, Rosenblatt and Florio, JJ., concur.


Summaries of

Plaza Investments v. Kim

Appellate Division of the Supreme Court of New York, Second Department
Oct 17, 1994
208 A.D.2d 704 (N.Y. App. Div. 1994)
Case details for

Plaza Investments v. Kim

Case Details

Full title:PLAZA INVESTMENTS, Appellant, v. PETER J.H. KIM et al., Respondents, et…

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

Date published: Oct 17, 1994

Citations

208 A.D.2d 704 (N.Y. App. Div. 1994)
617 N.Y.S.2d 496

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