BANKS v. NEW YORK CITY DEPARTMENT OF EDUCATION


39 A.D.3d 787 (2007)

832 N.Y.S.2d 812

CELINA BANKS et al., Appellants, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Respondent, et al., Defendants.

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, that branch of the respondent's motion which was to dismiss the complaint insofar as asserted against it pursuant to CPLR 3211 (a) (7) is denied, and that branch of the respondent's motion which was for summary judgment dismissing the complaint insofar as asserted against it is denied as premature.

CPLR 3212 (f) permits a party opposing a summary judgment motion to obtain discovery when it appears that facts...

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