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MAURICE KASSIMIR & ASSOC., P.C. v. OMRI

Index No. 650576/2018. Appeal Nos. 12683N, 12683NA. Case Nos. 2020-02638, 2020-02639.

189 A.D.3d 581 (2020)

134 N.Y.S.3d 184

2020 NY Slip Op 07673

Maurice Kassimir & Associates, P.C., Respondent, v. Ezra Omri, Also Known as Eddie Omri, Appellant.

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

Decided December 17, 2020.

Attorney(s) appearing for the Case

Peyrot & Associates, P.C., New York ( David C. Van Leeuwen of counsel), for appellant.

Axelrod, Fingerhut & Dennis, New York ( Jared Matthew Langenthal of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gesmer, Kern, Oing, Moulton, JJ.

Defendant's argument that plaintiff's motion for summary judgment should be denied because discovery was not complete is unsupported by a showing, or even an allegation, that facts essential to opposing the motion were in plaintiff's exclusive possession and would emerge upon further discovery (see Arelie F. v Cathedral Props., LLC, 146 A.D.3d 710, 711 [1st Dept 2017], lv denied 29 N.Y.3d 919

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