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DAGAN v. ROTHSTEIN

302 A.D.2d 554 (2003)

755 N.Y.S.2d 299

SAM DAGAN et al., Appellants, v. MARTIN ROTHSTEIN et al., Respondents, et al., Defendants.

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

Decided February 24, 2003.

Ordered that the order is affirmed insofar as appealed from, with costs.

After the plaintiffs made out their prima facie case for summary judgment on the 11th cause of action, the respondents raised a triable issue of fact and demonstrated their need for further discovery from the plaintiffs. Accordingly, denial of the plaintiffs' motion was proper (see CPLR 3212 [b], [f]; Alvarez v Prospect Hosp., 68 N.Y.2d 320 [1986...

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