SEPULVEDA v. CAMMEBY'S MGT. CO., LLC

2013-10941, Index No. 13416/11.

119 A.D.3d 927 (2014)

989 N.Y.S.2d 885

2014 NY Slip Op 05530

YOLANDA SEPULVEDA, Plaintiff, v. CAMMEBY'S MANAGEMENT COMPANY, LLC, Defendant/Third-Party Plaintiff-Respondent. EXECUTIVE ENVELOPES CO., INC., Third-Party Defendant-Appellant.

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

Decided July 30, 2014.


In an action to recover damages for personal injuries, the third-party defendant, Executive Envelopes Co., Inc., appeals from an order of the Supreme Court, Kings County (Bayne, J.), dated September 13, 2013, which denied, as premature, its motion for summary judgment dismissing the third-party complaint.

Ordered that the order is affirmed, with costs.

An award of summary judgment is premature at this stage of the action. CPLR 3212 (f) permits a court to deny...

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