PREMIER REAL ESTATE CO., LLC v. SHERWOOD


62 A.D.3d 853 (2009)

878 N.Y.S.2d 625

PREMIER REAL ESTATE CO., LLC, Appellant, v. ANGELA SHERWOOD, Respondent.

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

Decided May 19, 2009.


Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court did not err in denying the plaintiff's cross motion for summary judgment without prejudice to renewal after the completion of discovery. While it is not disputed that the plaintiff made out a prima facie case, it is also clear that there was no reasonable opportunity for discovery in this action, since this motion was made almost immediately after joinder of issue and the defendant...

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