Opinion
2001-10016
December 3, 2002
December 23, 2002.
In an action for a judgment declaring, inter alia, that the plaintiff is not required to provide insurance coverage in connection with the subject accident, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Clemente, J.), dated August 15, 2001, as granted the respective cross motions of the defendants North American Specialty Insurance Company, Canal Hi Fi, Inc., and Anne-Marie Charles for summary judgment dismissing the complaint insofar as asserted against them.
McElfish Associates, LLC, New York, N.Y. (Suzanne M. Billig and Teresa A. Gruber of counsel), for appellant.
Wilson, Elser, Moskowitz, Edelman Dicker, LLP, New York, N.Y. (John Doody, Meredith Drucker, and Vito DeStefano of counsel), for respondent North American Specialty Insurance Company.
Mendes Mount, LLP, New York, N.Y. (Joseph K. Molloy and Andrea Cha of counsel), for respondent Canal Hi Fi, Inc.
Before: NANCY E. SMITH, J.P., CORNELIUS J. O'BRIEN, GABRIEL M. KRAUSMAN, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs.
The Supreme Court properly granted summary judgment in favor of the defendants North American Specialty Insurance Company, Canal Hi Fi, Inc., and Anne-Marie Charles (see CPLR 3212[b]; Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Zuckerman v. City of New York, 49 N.Y.2d 557).
Furthermore, we reject the plaintiff's argument pursuant to CPLR 3212(f) that summary judgment was premature as discovery was not yet completed. The plaintiff's mere hope that it might be able to uncover some evidence during the discovery process is insufficient to deny summary judgment (see Wood v. Otherson, 210 A.D.2d 473; Pow v. Black, 182 A.D.2d 484).
SMITH, J.P., O'BRIEN, KRAUSMAN and RIVERA, JJ., concur.