Cannon v New York City Police Dept.
2013 NY Slip Op 01487 [104 AD3d 454]
March 12, 2013
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 24, 2013

James Cannon, Appellant,
New York City Police Department et al., Respondents.


Ballon Stoll Bader & Nadler, P.C., New York (Rudy A. Dermesropian of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Pamela Seider Dolgow of counsel), for respondents.

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. Concur—Tom, J.P., Moskowitz, Richter and Clark, JJ.