Ordered that the order is modified, on the law, by adding a provision thereto that the denial of the plaintiff's motion for summary judgment on the issue of liability is without prejudice to renewal upon the completion of discovery; as so modified, the order is affirmed, without costs or disbursements.
"Should it appear from affidavits submitted in opposition to [a] motion [for summary judgment] that facts essential to justify opposition may exist but cannot then...
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