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GUZMAN v. CITY OF NEW YORK

9113, 304293/15.

171 A.D.3d 653 (2019)

99 N.Y.S.3d 286

2019 NY Slip Op 03273

Myrna Guzman, Respondent, v. City of New York et al., Respondents, and Bronx Parking Development Company, LLC, Appellant.

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

Decided April 30, 2019.

The summary judgment motion was properly denied as premature. No discovery had been conducted before Bronx Parking moved for summary judgment, thereby depriving plaintiff of the opportunity to depose the parties who would have knowledge concerning the relevant issues in this action including the negligence if any, of Bronx Parking (see Rodriguez v Architron Envtl. Servs., Inc., 166 A.D.3d 505 [1st Dept 2018]; Marabyan v 511 W...

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