Martinez v. 305 West 52 CondominiumMartinez v. 305 West 52 Condominium
In an action to recover damages for personal injuries, the defendants 305 West 52 Condominium and Alexander Wolf & Company, Inc., appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Lane, J.), entered June 28, 2013, as denied those branches of their motion which were for summary judgment dismissing the causes of action alleging violations of
Ordered that the order is modified, on the law, by adding a provision thereto that the denials of those branches of the motion of the defendants 305 West 52 Condominium and Alexander Wolf & Company, Inc., which were for summary judgment dismissing the causes of action alleging violations of
The plaintiff, an employee of Cardinal Sales, Inc. (hereinafter Cardinal), allegedly was injured when he fell from a ladder while working in a unit in the 305 West 52 Condominium. He commenced this action, alleging, inter alia, violations of
“A party should be afforded a reasonable opportunity to conduct discovery prior to the determination of a motion for summary judgment” (Malester v Rampil, 118 AD3d 855, 856 [2014]; see Video Voice, Inc. v Local T.V., Inc., 114 AD3d 935 [2014]; Bank of Am., N.A. v Hillside Cycles, Inc., 89 AD3d 653, 654 [2011]). Here, no depositions of the Condominium defendants, Schwartz, or Cardinal have been conducted. Under these circumstances, the Supreme Court properly denied the motion and cross motions for summary judgment to the extent indicated above, as premature, since further discovery may lead to relevant evidence, although the denial should have been without prejudice to renew upon the completion of discovery (see