GUAMAN v. ANSLEY & COMPANY, LLC

16620, 306555/11

135 A.D.3d 492 (2016)

22 N.Y.S.3d 829

2016 NY Slip Op 00116

JORGE GUAMAN, Appellant, v. ANSLEY & COMPANY, LLC et al., Respondents, et al., Defendant. DEEPER LIFE BIBLE CHURCH, INC., Third-Party Plaintiff-Respondent, v. KEU ARCHITECTURAL STUDIO, P.C., et al., Third-Party Defendants.

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

Decided January 12, 2016.


Plaintiff's motion was improperly dismissed as premature, since plaintiff and a coworker, who were the lone individuals present at the time of plaintiff's fall from a ladder, were each deposed. Further, defendant made no attempt to show that facts essential to justify its opposition to the motion exist, but cannot be stated absent depositions of the defendants and third-party defendants (see generally Woods v 126 Riverside Dr. Corp., 64 A.D.3d 422...

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