Opinion
June 9, 1997
Appeal from the Supreme Court, Westchester County (Silverman, J.).
Ordered that the order is affirmed, with costs.
Contrary to the plaintiff's contention, the Supreme Court properly found that she had failed to make a prima facie showing of her entitlement to judgment as a matter of law. The brief account of the accident set forth in the plaintiff's affidavit was insufficient to demonstrate that she acted reasonably under the circumstances, and was free from comparative negligence (see, Barletta v. Lewis, 237 A.D.2d 238; Davis v. Federated Dept. Stores, 227 A.D.2d 514; Jong Chan Lee v. Bonavita, 216 A.D.2d 8; Rodriguez v. Logan, 188 A.D.2d 522). Moreover, the plaintiff's motion for summary judgment, which was made only one month after joinder of issue and before pretrial discovery had even begun, was premature (see, Barletta v Lewis, supra; Rodriguez v. Logan, supra).
Pizzuto, J.P., Santucci, Friedmann and Luciano, JJ., concur.