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MANHATTAN CENTER FOR EARLY LEARNING INC. v. NEW YORK CHILD RESOURCE CENTER, INC.

59 A.D.3d 365 (2009)

873 N.Y.S.2d 306

MANHATTAN CENTER FOR EARLY LEARNING INC. et al., Appellants, v. NEW YORK CHILD RESOURCE CENTER, INC., Respondent, et al., Defendant.

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

Decided February 26, 2009.

The motion should not have been granted where the record shows that defendant deprived plaintiffs of an opportunity to obtain court-ordered depositions, at which plaintiffs may have been able to obtain helpful testimony (see Nelson v Bestway Coach Express, 36 A.D.3d 488 [2007]). Furthermore, although the complaint was sparse, plaintiffs' submissions in opposition to the motion raise triable issues of fact regarding their claim for...

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