Romano v. Welsbach Elec. Corp.

Summary

The Appellate Division, Second Department, affirmed an order denying Welsbach Electric Corp.'s motion for summary judgment in a personal-injury action arising from a pothole accident. The court held that the motion was premature because further discovery, including depositions of City employees, might produce relevant evidence concerning whether Welsbach caused, created, or exacerbated the pothole.

Holdings

1. A summary judgment motion may properly be denied as premature when the nonmoving party demonstrates that further discovery might lead to relevant evidence or that facts necessary to oppose the motion are exclusively within the movant's knowledge or control. The plaintiff made that showing here.

Questions Presented

1. Whether Welsbach's motion for summary judgment was properly denied as premature before completion of discovery.
2. Whether the plaintiff demonstrated that further discovery might lead to relevant evidence concerning whether Welsbach caused or created the pothole or exacerbated its defective condition.

Disposition

affirmed