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BALDASANO v. BANK OF NEW YORK

199 A.D.2d 184 (1993)

605 N.Y.S.2d 293

Vincent Baldasano et al., Respondents, v. Bank of New York, as Successor to Long Island Trust Co., et al., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 23, 1993

Summary judgment is not justified where the existence of essential facts depends upon knowledge exclusively within the possession of the moving party and which might well be disclosed by cross-examination or examination before trial (CPLR 3212 [f]; Terranova v Emil, 20 N.Y.2d 493, 497).

With the exception of the third cause of action, the IAS Court properly determined that summary...

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