Tuesday, January 24, 2017

A premature summary judgment motion.

Practice point:  Where essential facts to justify opposition to a motion for summary judgment might exist, but cannot be stated because they are in the moving party's exclusive knowledge or control, summary judgment must be denied (CPLR 3212[f]).

Here, the Appellate Division reversed, and denied the motion as premature in this action in which a background actress seeks damages in connection with injuries allegedly sustained when she was struck by a camera truck during the filming of a movie.  Plaintiff is entitled to complete discovery in her effort to establish the precise relationships among the various defendant-entities, and this information is solely within the control of defendants. Defendants not been produced for court-ordered depositions, and they have also failed to produce many of the relevant written agreements.

Case:  Curry v. Hundreds of Hats, Inc., NY Slip Op 00385 (1st Dep't January 19, 2017)

Here is the decision

Tomorrow's issue:  Standing in a mortgage foreclosure action.