BREYTMAN v. OLINVILLE REALTY, LLC


46 A.D.3d 484 (2007)

850 N.Y.S.2d 9

ALEXANDER BREYTMAN, Respondent, v. OLINVILLE REALTY, LLC, et al., Appellants. ALEXANDER BREYTMAN, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided December 27, 2007.


The fact that discovery had not yet been completed did not bar the court from granting the non-City defendants' cross motion for summary judgment on the malicious prosecution cause of action (Chemical Bank v PIC Motors Corp., 58 N.Y.2d 1023, 1026 [1983]). Neither plaintiff nor his attorney indicated that additional discovery was needed to oppose the cross motion, and even on appeal, plaintiff fails to specify what further discovery...

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