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BEST PAYPHONES, INC. v. EMPIRE STATE PAYPHONE ASSOCIATION

272 A.D.2d 139 (2000)

708 N.Y.S.2d 11

BEST PAYPHONES, INC., Appellant, v. EMPIRE STATE PAYPHONE ASSOCIATION et al., Respondents.

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

Decided May 11, 2000.

The motion court properly declined to defer defendant's summary judgment motion on the basis of plaintiff's purported need for further discovery since plaintiff failed to make "the threshold showing that facts essential to justify opposition may exist" (Moukarzel v Montefiore Med. Ctr., 235 A.D.2d 239, 240).

On the merits, while the court properly sustained plaintiff's breach of contract claim, its causes of action for fraud...

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