Order: Jahary Canto v. Cine Magic East River Studios, Llc, Java Landing, Llc, The City Of New York

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                                FILED:         KINGS       COUNTY         CLERK        10/31/2022             01:04       PM                        INDEX    NO.   519697/2018
   NYSCEF     DOC.   NO.   62                                                                                 RECEIVED      NYSCEF:     10/31/2022
                                                                                             At an IAS Term, Part 25 of the Supreme Court
                                                                                             of the State of NY, held in and for the County
                                                                                             of Kings, at the Courthouse, at 360 Adams
                  SUPREME COURT OF THE STATE OF NEW YORK                                     Street, Brooklyn, New York, on the 24th day of
                                                                                             October 2022.
                  COUNTY OF KINGS
                                                                                     x

                  JAHARY CANTO,                                                           Index No. 519697/2018 (ECF)

                                             Plaintiff
                                                                                           ORDER DECIDING MOTION
                                    v.                                                                SEQ. NO. 002

                  CINE MAGIC EAST RIVER STUDIOS, LLC and
                  JAVA LANDING, LLC AND THE CITY OF NEW
                  YORK,                                                                     Recitation, as required by CPLR §2219 [a], of
                                                                                            the papers considered in the review:
                                                                                            NYSCEF #s: 35 - 38, 39 - 48, 49, 50, 51 - 52,
                                             Defendants                                     56, 58
                                                                                     x

                           Upon the motion of Defendant, Cine Magic East River Studios, LLC, for an Order granting

                  summary judgment dismissing the complaint and all claims against it; and upon the opposition

                  papers submitted by Plaintiff and reply papers submitted by Defendant, Cine Magic East River

                  Studios, LLC; and      oral argument    via video conference held on August 24, 2022,this Honorable

                  Court decides said motion as follows:

                           IT IS HEREBY         ORDERED that the pre-deposition             motion   of Defendant Cine      Magic

                  East River Studios, LLC, for summary judgment is denied as premature, with leave to re-file upon

                  completion of discovery. The defendants' cross motion was made before discovery was complete,

                  and many of the essential issues of fact are within the knowledge of individuals who have not yet

                  been deposed. Corrado v E. End Pool & Hot Tub, Inc., 69 AD3d 900 [2d Dept 2010]; and

                           IT IS FURTHER HEREBY ORDERED, that a copy of this Order with Notice of Entry

                  thereof be served by Plaintiff upon the Defendants.


                                                               SO ORDERED:

                                                               ______________________________
                                                               HON. CONSUELO MALLAFRE MELENDEZ, J.S.C.




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