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CHANDER v. EAGLE SANITATION, INC.

2016-09983. Index No. 709245/15.

153 A.D.3d 658 (2017)

57 N.Y.S.3d 893

2017 NY Slip Op 06154

SURESH CHANDER, Respondent, v. EAGLE SANITATION, INC., et al., Appellants.

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

Decided August 16, 2017.

Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment on the issue of liability is denied as premature, with leave to renew upon the completion of discovery.

A party should be afforded a reasonable opportunity to conduct discovery prior to the determination of a motion for summary judgment (see CPLR 3212 [f]; Brea v Salvatore, 130 A.D.3d 956 [2015]; Malester...

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