| Aurora Loan Servs., LLC v LaMattina & Assoc., Inc. |
| 2009 NY Slip Op 01185 [59 AD3d 578] |
| February 17, 2009 |
| Appellate Division, Second Department |
| Aurora Loan Services, LLC, Respondent, v LaMattina &Associates, Inc., et al., Defendants, and Washington Title Insurance Company,Appellant. |
—[*1] Tompkins, McGuire, Wachenfeld & Barry, LLP, New York, N.Y. (William C. Sandelands ofcounsel), for respondent.
In an action, inter alia, to recover damages for fraud, the defendant Washington TitleInsurance Company appeals, as limited by its brief, from so much of an order of the SupremeCourt, Richmond County (Maltese, J.), dated September 13, 2007, as denied, as premature, itsmotion for summary judgment dismissing the complaint insofar as asserted against it.
Ordered that the order is affirmed insofar as appealed from, with costs.
Although Washington Title Insurance Company (hereinafter Washington Title)demonstrated its prima facie entitlement to summary judgment dismissing the complaint insofaras asserted against it (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]), the SupremeCourt properly denied the motion as premature (see Ruiz v Griffin, 50 AD3d 1005, 1006 [2008]; Juseinoski v New York Hosp. Med. Ctr. ofQueens, 29 AD3d 636, 637 [2006]; Baron v Incorporated Vil. of Freeport, 143AD2d 792, 792-793 [1988]). "CPLR 3212 (f) permits a party opposing summary judgment toobtain further discovery when it appears that facts supporting the position of the opposing partyexist but cannot be stated" (Juseinoski v New York Hosp. Med. Ctr. of Queens, 29 AD3dat 637; see Ruiz v Griffin, 50 AD3d at 1006). "This is especially so where the opposingparty has not had a reasonable opportunity for disclosure prior to the making of the motion"(Baron v Incorporated Vil. of Freeport, 143 AD2d at 793). Here, the plaintiff raisedissues warranting further discovery. Accordingly, the Supreme Court [*2]properly denied, as premature, the motion of Washington Title forsummary judgment dismissing the complaint insofar as asserted against it. Spolzino, J.P.,Santucci, Leventhal and Chambers, JJ., concur.