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CHMELOVSKY v. COUNTRY CLUB HOMES, INC.

2012-05266.

106 A.D.3d 684 (2013)

964 N.Y.S.2d 245

2013 NY Slip Op 3054

RASTISLAR CHMELOVSKY, Plaintiff, v. COUNTRY CLUB HOMES, INC., Defendant, and SK HOME IMPROVEMENT, LLC, et al., Defendants/Third-Party Plaintiffs-Respondents. IGOR VCELARIK et al., Third-Party Defendants-Appellants.

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

Decided May 1, 2013.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied, as premature, that branch of the third-party defendants' motion which was for summary judgment dismissing the third-party complaint. "A party opposing summary judgment is entitled to obtain further discovery when it appears that facts supporting the opposing party's position may exist but cannot then be stated" (Matter of Fasciglione,

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