Opinion
2017–08992 Index No. 505890/15
11-07-2018
Arben HAXHIJAJ, Appellant, v. Michael A. FERRER, Respondent.
William Pager, Brooklyn, NY, for appellant. Karen L. Lawrence (Sweetbaum & Sweetbaum, Lake Success, N.Y. [Marshall D. Sweetbaum ], of counsel), for respondent.
William Pager, Brooklyn, NY, for appellant.
Karen L. Lawrence (Sweetbaum & Sweetbaum, Lake Success, N.Y. [Marshall D. Sweetbaum ], of counsel), for respondent.
REINALDO E. RIVERA, J.P., JOSEPH J. MALTESE, BETSY BARROS, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Kathy J. King, J.), dated July 19, 2017. The order denied the plaintiff's motion for summary judgment on the issue of liability without prejudice to renew.
ORDERED that the order is affirmed, with costs.
The plaintiff commenced this action to recover damages for personal injuries allegedly sustained by him as a result of a collision between his vehicle and the defendant's vehicle at a gas station in Brooklyn. The plaintiff moved for summary judgment on the issue of liability, and the Supreme Court denied the motion without prejudice to renew. The plaintiff appeals.
In a personal injury action, a party should generally be afforded a reasonable opportunity to conduct discovery prior to the determination of a motion for summary judgment (see CPLR 3212[f] ; Brea v. Salvatore, 130 A.D.3d 956, 13 N.Y.S.3d 839 ; Malester v. Rampil, 118 A.D.3d 855, 856, 988 N.Y.S.2d 226 ). Here, little discovery has taken place, and depositions of the parties have not yet occurred. Moreover, the defendant submitted evidence suggesting that further discovery might lead to relevant evidence pertaining to the circumstances of the accident (see Hawana v. Carbuccia, 164 A.D.3d 563, 81 N.Y.S.3d 543 ; Worley v. Safemove Rental, 120 A.D.3d 667, 668, 990 N.Y.S.2d 890 ). Accordingly, we will not disturb the Supreme Court's determination to deny the plaintiff's motion for summary judgment on the issue of liability without prejudice to renew (see Takhalov v. Rottenberg, 128 A.D.3d 678, 6 N.Y.S.3d 499 ; Amico v. Melville Volunteer Fire Co., Inc., 39 A.D.3d 784, 785, 832 N.Y.S.2d 813 ).
RIVERA, J.P., MALTESE, BARROS and CHRISTOPHER, JJ., concur.