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MORRIS v. GOLDSTEIN

223 A.D.2d 582 (1996)

636 N.Y.S.2d 415

Aston Morris et al., Respondents, v. Melvin Goldstein, Defendant, and Fred M. Ainsley, Appellant

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

January 16, 1996

Ordered that the order is affirmed, with costs.

It is well settled that when a party is unable to effectively oppose a motion for summary judgment because the evidence needed to do so is within the exclusive knowledge of the moving party, the court may deny the motion, without prejudice, or refrain from ruling on the motion pending further disclosure (see, CPLR 3212 [f]; Yu v Forero, 184 A.D.2d 506; Classic Moments...

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