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CIAFFAGLIONE v. RABINER

202 A.D.2d 373 (1994)

612 N.Y.S.2d 829

Theresa Ciaffaglione et al., Respondents, v. Herbert Rabiner et al., Appellants, et al., Defendant

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

March 31, 1994

Where essential facts to justify opposition to a motion for summary judgment might exist, but cannot be stated because they are in the moving party's exclusive knowledge or control, summary judgment must be denied. (CPLR 3212 [f].) Here, the IAS Court properly denied defendants' motion and granted so much of plaintiffs' cross-motion seeking a further deposition of defendant Rabiner (see, Trustco Bank v Higgins, 191 A.D.2d 788

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