Opinion
2001-03557
Submitted February 5, 2002.
February 25, 2002.
In an action to recover damages for personal injuries, the defendant We Transport, Inc., appeals from an order of the Supreme Court, Suffolk County (Seidell, J.), dated March 30, 2001, which denied as premature its motion for summary judgment dismissing the complaint insofar as asserted against it.
Friedberg Raven, LLP, New York, N.Y. (Nancy Loven of counsel), for appellant.
Ahern Ahern, Kings Park, N.Y. (Dennis P. Ahern of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., THOMAS A. ADAMS, SANDRA L. TOWNES, STEPHEN G. CRANE, JJ.
ORDERED that the order is affirmed, with costs.
The plaintiff has not yet had an adequate opportunity to conduct discovery into several relevant issues that are exclusively within the knowledge of the appellant (see, CPLR 3212[f]; Firesearch Corp. v. Micro Computer Controls Corp., 240 A.D.2d 365, 366; Baron v. Incorporated Village of Freeport, 143 A.D.2d 792). Accordingly, the Supreme Court correctly denied, as premature, the appellant's motion for summary judgment dismissing the complaint insofar as asserted against it.
ALTMAN, J.P., ADAMS, TOWNES and CRANE, JJ., concur.