Opinion
December 22, 1997
Appeal from the Supreme Court, Richmond County (Cusick, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion is denied.
The deposition of the plaintiff Lisa M. Paladino, who was the sole person to witness all of the events leading up to her injuries, has not yet taken place. Therefore, granting summary judgment in the plaintiffs' favor was premature ( see, Darling v. Solomon, 227 A.D.2d 851; Viti v. Franklin Gen. Hosp., 190 A.D.2d 790).
In light of our determination, we need not reach the parties' remaining contentions.
Bracken, J. P., Copertino, Thompson and Luciano, JJ., concur.