The plaintiff brought a motion seeking to cross‑examine opposing counsel on an affidavit filed in support of a proposed summary judgment motion.
The underlying action involved a slip and fall where the plaintiff had already agreed to dismiss the claim against certain defendants, leaving only the issue of costs in dispute.
The court held that a summary judgment motion was not appropriate where dismissal had already been agreed to and only costs remained.
Because the proposed cross‑examination related solely to costs issues outside the proper scope of the affidavit and motion, the requested examination was not warranted.
The motion was dismissed, with each party ordered to bear its own costs.
