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BLECH v. WEST PARK PRESBYT. CHURCH

7710, 7711, 7712, 7712A, 109178/08, 7712B.

97 A.D.3d 443 (2012)

948 N.Y.S.2d 273

2012 NY Slip Op 5481

ELAINE BLECH et al., Respondents, v. WEST PARK PRESBYTERIAN CHURCH et al., Defendants, and MONADNOCK CONSTRUCTION, INC., et al., Appellants.

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

July 10, 2012.

Defendants' initial motions for summary judgment were premature, since the matter was in the early stages of discovery, and depositions had not yet been taken (see CPLR 3212 [f]; Tucker v New York City Tr. Auth., 42 A.D.3d 316 [2007]; Gonzalez v Vincent James Mgt. Co., 306 A.D.2d 226 [2003]). The motion court erred in denying Richmond's motion to reargue on the grounds that, inter...

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