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DUANE MORRIS LLP v. ASTOR HOLDINGS INC.

61 A.D.3d 418 (2009)

877 N.Y.S.2d 250

DUANE MORRIS LLP, Respondent-Appellant, v. ASTOR HOLDINGS INC. et al., Appellants-Respondents. (And a Third-Party Action.)

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

Decided April 2, 2009.

The lack of discovery in this action does not require denial of plaintiff's summary judgment motion as premature (see e.g. Voluto Ventures, LLC v Jenkens & Gilchrist Parker Chapin LLP, 44 A.D.3d 557 [2007]). Defendants failed to show that facts essential to justify opposition to the motion were within plaintiff's exclusive knowledge or that discovery might lead to facts relevant to the issues (see id.; Bailey v New...

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