¶1Order unanimously reversed, without costs and motion denied. Memorandum: Plaintiffs should be given an opportunity through disclosure to obtain facts essential to support their opposition to the motion for summary judgment. (CPLR 3212, subd. [f]; cf. Potter Real Estate Co. v. O & S Bearing & Mfg. Co., 32 A D 2d 883.) (Appeal from order of Onondaga Special Term granting motion for summary judgment in action for damages for trespass.) Present — Marsh, J. P., Gabrielli, Moule, Bastow and Henry, JJ.
33 A.D.2d 652
Golden v. Wickhardt Co.
Appellate Division of the Supreme Court of the State of New York
Decided October 30, 1969
Appellate Division of the Supreme Court of the State of New York · decided 1969-10-30
Decided 1969-10-30