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MAZZAFERRO v. BARTERAMA CORP.

218 A.D.2d 643 (1995)

630 N.Y.S.2d 346

Ellen Mazzaferro, Appellant, v. Barterama Corporation et al., Respondents, et al., Defendant

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

August 7, 1995

Ordered that the order is affirmed, with costs.

Pursuant to CPLR 3212 (f), the trial court has discretion to deny a motion for summary judgment, or to order a continuance to permit affidavits to be obtained or disclosure to be had, if "facts essential to justify opposition may exist but cannot then be stated". For the court to delay action on the motion, there must be a likelihood of discovery leading to such evidence (...

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