LYONS v. NEW YORK CITY ECONOMIC DEVELOPMENT CORP.

10095.

182 A.D.3d 499 (2020)

120 N.Y.S.3d 764

2020 NY Slip Op 02379

Richard Lyons et al., Appellants-Respondents, v. New York City Economic Development Corporation et al., Respondents-Appellants.

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

Decided April 23, 2020.


According to the record, at the time defendants filed their motion, no depositions had taken place. The record does not show that the parties have exchanged any paper discovery, such as records concerning the installation, maintenance, or repair of the mesh walkway on which plaintiff Richard Lyons fell.

Accordingly, plaintiffs met their burden of demonstrating that facts essential to justify opposition to the motion may lie within defendants' exclusive knowledge or...

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