Lecorps v Chaplia

Lecorps v Chaplia 2014 NY Slip Op 01723 Decided on March 19, 2014 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 19, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
PLUMMER E. LOTT
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX, JJ.
2013-04185
(Index No. 8801/12)

[*1]Alfred Lecorps, Sr., etc., et al., respondents,

v

Larisa Chaplia, etc., et al., defendants, Marice Schwartz, etc., appellant.




Tromello, McDonnell & Kehoe, Melville, N.Y. (Joseph D.
Furlong of counsel), for appellant.
Bruce G. Clark & Associates, P.C., Port Washington, N.Y.
(Diane C. Cooper of counsel), for
respondents.


DECISION & ORDER

In an action to recover damages for medical malpractice and wrongful death, etc., the defendant Marice Schwartz appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (O'Donoghue, J.), dated February 4, 2013, as denied, as premature, her motion for summary judgment dismissing the complaint insofar as asserted against her.

ORDERED that the order is affirmed insofar as appealed from, with costs.

"A party opposing summary judgment is entitled to obtain further discovery when it appears that facts supporting the opposing party's position may exist but cannot then be stated" (Matter of Fasciglione, 73 AD3d 769, 770). Such is the case here, since the record is unclear as to the role each of the defendants played in the decedent's care, and depositions of the defendants had not been conducted at the time the motion for summary judgment was decided.

The appellant's remaining contentions are without merit or need not be addressed in light of our determination.
RIVERA, J.P., LOTT, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court