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VOLUTO VENTURES, LLC v. JENKENS & GILCHRIST PARKER CHAPIN LLP

44 A.D.3d 557 (2007)

843 N.Y.S.2d 630

VOLUTO VENTURES, LLC, Respondent, v. JENKENS & GILCHRIST PARKER CHAPIN LLP, Appellant.

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

Decided October 25, 2007.

Defendant failed to contradict, through admissible evidence, the basic contention that it did not have the authority to send the money held in its escrow account on plaintiff's behalf to any entity other than plaintiff. We are not persuaded by defendant's argument that its lack of discovery requires denial of the motion as premature. To avail oneself of CPLR 3212 (f) to defeat or delay summary judgment, a party must demonstrate...

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