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DIETRICH v. GRANDSIRE

2010-11814.

83 A.D.3d 994 (2011)

921 N.Y.S.2d 555

JANE DIETRICH, Appellant, v. PATRICIA R. GRANDSIRE et al., Respondents.

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

Decided April 26, 2011.

Ordered that the order is affirmed, with costs.

"Under CPLR 3212 (f), `where facts essential to justify opposition to a motion for summary judgment are exclusively within the knowledge and control of the movant, summary judgment may be denied. . . . This is especially so where the opposing party has not had a reasonable opportunity for disclosure prior to the making of the motion'" (Juseinoski v New York Hosp. Med. Ctr. of Queens, 29 A.D.3d...

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