Opinion
2014-05-21
Alexandra RAMIREZ, appellant, v. Yvonna M. McALLISTER, et al., respondents.
Tantleff & Kreinces, LLP, Mineola, N.Y. (Edward D. Tantleff of counsel), for appellant. Lewis Brisbois Bisgaard & Smith LLP, New York, N.Y. (Nicholas P. Hurzeler of counsel), for respondents.
Tantleff & Kreinces, LLP, Mineola, N.Y. (Edward D. Tantleff of counsel), for appellant. Lewis Brisbois Bisgaard & Smith LLP, New York, N.Y. (Nicholas P. Hurzeler of counsel), for respondents.
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (Galasso, J.), entered July 16, 2013, as denied her motion for summary judgment on the issue of liability.
ORDERED that the order is affirmed insofar as appealed from, with costs.
“A party should be afforded a reasonable opportunity to conduct discovery prior to the determination of a motion for summary judgment” ( Amico v. Melville Volunteer Fire Co., Inc., 39 A.D.3d 784, 785, 832 N.Y.S.2d 813). Here, the plaintiff moved for summary judgment on the issue of liability shortly after joinder of issue, before the defendants had an adequate opportunity to conduct discovery. Under the circumstances, the Supreme Court providently exercised its discretion in denying the plaintiff's motion without prejudice to renewal ( see Video Voice, Inc. v. Local T.V., Inc., 114 A.D.3d 935, 980 N.Y.S.2d 828;Bank of Am., N.A. v. Hillside Cycles, Inc., 89 A.D.3d 653, 932 N.Y.S.2d 128;Bond v. DeMasco, 84 A.D.3d 1292, 923 N.Y.S.2d 902). ENG, P.J., SKELOS, DILLON and DUFFY, JJ., concur.