MARTINEZ v. FERNANDEZ


37 A.D.3d 373 (2007)

829 N.Y.S.2d 902

HILARIO MARTINEZ, Respondent, v. DAMIAN FERNANDEZ, Appellant, and ALAN L. SOKOLOFF et al., Respondents.

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

Decided February 27, 2007.


Appellant's motion for summary judgment was properly denied, without prejudice to renewal, so as to afford plaintiff a reasonable opportunity to obtain discovery from the Sokoloff defendants respecting the circumstances of the automobile accident pertinent to determining if liability may be assigned to appellant (see Catena v Amsterdam Mem. Hosp., 6 A.D.3d 1037, 1038...

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