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MARCUS DAIRY, INC. v. JACENE REALTY CORP.

245 A.D.2d 493 (1997)

666 N.Y.S.2d 31

Marcus Dairy, Inc., Appellant, v. Jacene Realty Corp. et al., Defendants, and Columbia Equities, Ltd., Respondent

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

December 22, 1997

Ordered that the order is reversed, with costs, the motion by Columbia Equities, Ltd., to dismiss the complaint is denied, and the plaintiff's cross motion to compel discovery is granted.

The disposition of this matter by summary dismissal under CPLR 3211 (a) (7) is premature. It appears from the documentation and brief deposition testimony submitted by the plaintiff, that facts essential to justify opposition to the motion...

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