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GUZMAN v. LLC (2019)

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

Myrna GUZMAN, Plaintiff-Respondent, v. The CITY OF NEW YORK, et al., Defendants-Respondents, Bronx Parking Development Company, LLC, Defendant-Appellant.

9113

Decided: April 30, 2019

Friedman, J.P., Gische, Webber, Kahn, Oing, JJ.

Havkins Rosenfeld Ritzert & Varriale, LLP, Mineola (Angele Chapman of counsel), for appellant. Spiegel & Barbato, LLP, Bronx (Brian C. Mardon of counsel), for Myrna Guzman, respondent. Zachary W. Carter, Corporation Counsel, New York (Jonathan A. Popolow of counsel), for The City of New York and New York City Economic Development Agency, respondents.

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, 86 N.Y.S.3d 715 [1st Dept. 2018];  Marabyan v. 511 W. 179 Realty Corp., 165 A.D.3d 581, 84 N.Y.S.3d 780 [1st Dept. 2018];  CPLR 3212[f] ).

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GUZMAN v. LLC (2019)

Docket No: 9113

Decided: April 30, 2019

Court: Supreme Court, Appellate Division, First Department, New York.

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