New York Supreme and/or Appellate Courts Appellate Division, First Department
March 12, 2013
JAMES CANNON, PLAINTIFF-APPELLANT,
NEW YORK CITY POLICE DEPARTMENT, ET AL., DEFENDANTS-RESPONDENTS.
Cannon v New York City Police Dept.
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 12, 2013 Tom, J.P., Moskowitz, Richter, Clark, JJ.
Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered November 22, 2011, which, inter alia, granted defendants' cross motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied, without prejudice to renewal after discovery.
It was premature to consider defendants' cross motion for summary judgment before plaintiff deposed First Deputy Commissioner Raphael Pineiro and the NYPD representative. Those examinations might have led to additional information and discovery, none of which plaintiff had been able to obtain or compel prior to the court's decision on the cross motion.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: MARCH 12, 2013
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