DUSHNICK v. BELLAMY

2013-03305, Index No. 13/12.

119 A.D.3d 730 (2014)

989 N.Y.S.2d 317

2014 NY Slip Op 5301

BOBI DUSHNICK, Respondent, v. NEHEMIAH BELLAMY, Appellant.

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

Decided July 16, 2014.


In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Baisley, Jr., J.), entered December 17, 2012, which denied his motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

CPLR 3212 (f) provides that "where facts essential to justify opposition to a motion for summary judgment are exclusively within the knowledge and control of the movant...

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