AMICO v. MELVILLE VOLUNTEER FIRE COMPANY, INC.


39 A.D.3d 784 (2007)

832 N.Y.S.2d 813

FRANK AMICO, Appellant, v. MELVILLE VOLUNTEER FIRE COMPANY, INC., Respondent, et al., Defendant.

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

Decided April 24, 2007.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Melville Volunteer Fire Company, Inc., for summary judgment dismissing the complaint insofar as asserted against it is denied as premature, with leave to renew upon completion of discovery.

A party should be afforded a reasonable opportunity to conduct discovery prior to the determination of a motion for summary judgment (see Urcan v Cocarelli, 234 A...

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