MAZZOLA v. KELLY


291 A.D.2d 535 (2002)

738 N.Y.S.2d 246

MARCIE MAZZOLA, Respondent, v. EDWARD J. KELLY, Defendant, and WE TRANSPORT, INC., Appellant.

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

Decided February 25, 2002.


Ordered that the order is affirmed, with costs.

The plaintiff has not yet had an adequate opportunity to conduct discovery into several relevant issues that are exclusively within the knowledge of the appellant (see, CPLR 3212 [f]; Firesearch Corp. v Micro Computer Controls Corp., 240 A.D.2d 365, 366; Baron v Incorporated Vil. of Freeport, 143 A.D.2d 792). Accordingly, the...

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