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HUGGINS v. RICCA

48 A.D.3d 752 (2008)

853 N.Y.S.2d 153

CHARMAYNE A. HUGGINS et al., Respondents, v. MARC RICCA et al., Appellants, and "JOHN DOE DRIVER" et al., Respondents.

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

Decided February 26, 2008.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the motion of the defendants Marc Ricca and Robert A. Ricca for summary judgment, with leave to renew upon the completion of discovery, but we affirm for reasons other than those relied upon by the Supreme Court. The Supreme Court denied the motion, finding that facts essential to justify opposition to a motion for summary judgment were exclusively within the knowledge and control of...

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