New York court affirmed trial court’s denial of plaintiff’s motion for summary judgment and held that a party should be afforded a reasonable opportunity to conduct discovery prior to determination of motion for summary judgment.

The plaintiff commenced a personal injury action following a motor vehicle accident. The plaintiff moved for summary judgment on the issues of liability and whether he sustained a serious injury within the meaning of Insurance Law § 5102(d) as a result of the accident. The trial court denied the plaintiff’s motion. 

The Supreme Court of New York, Appellate Division affirmed, noting that, at the time the plaintiff moved for summary judgment, no depositions or independent medical examinations had been conducted. The court opined that the defendants were entitled to discovery as to the extent of the plaintiff’s injuries and the circumstances surrounding the accident. Therefore, the motion was premature.
 

_{Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2023 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.}