FROUWS v. CAMPBELL FOUNDRY COMPANY


275 A.D.2d 761 (2000)

714 N.Y.S.2d 227

ANGELA FROUWS et al., Appellants, v. CAMPBELL FOUNDRY COMPANY et al., Respondents.

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

Decided September 25, 2000.


Ordered that the order is affirmed, with one bill of costs.

Upon the showing made by each defendant that it had no liability for the subject accident, the plaintiffs failed to raise any triable issue of fact (see, CPLR 3212 [b]).

Pursuant to CPLR 3212 (f), the trial court has the discretion to deny a motion for summary judgment or order a continuance to allow disclosure if "facts essential to justify opposition may exist, but cannot then be stated"...

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