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SEVERINGHAUS v. TUFCO, INC.

Index No. 161545/18. Appeal No. 16255. Case No. 2022-00580.

208 A.D.3d 1119 (2022)

176 N.Y.S.3d 17

2022 NY Slip Op 05298

Doris Severinghaus, Appellant, v. TUFCO, Inc., Respondent, et al., Defendants.

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

Decided September 27, 2022.

Attorney(s) appearing for the Case

Law Office of Gregory P. Mouton, Jr., LLC, New York (Gregory P. Mouton, Jr. of counsel), for appellant.

Montfort, Healy, McGuire & Salley LLP, Garden City (Christopher T. Cafaro of counsel), for respondent.

Concur—Webber, J.P., Kern, Singh, Moulton, Shulman, JJ.

The motion for summary judgment was not premature, as plaintiff did not identify any additional evidence in TUFCO's possession sufficient to support a denial of the motion. Rather, plaintiff offers only speculation that depositions, in addition to the documentary evidence already submitted, might reveal particular work that TUFCO performed or particular equipment it used; this speculation is an insufficient basis for denial of the motion (see Flores v City of New York...

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