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KLEINMAN v. WIDER

197 A.D.2d 892 (1993)

604 N.Y.S.2d 857

Aaron B. Kleinman, Respondent, v. Edward Wider, Respondent, and Dorothy Namulik et al., Appellants. (Action No. 1.) Edward Wider, Respondent, v. Dorothy Namulik et al., Appellants. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 1, 1993

Order unanimously affirmed with costs.

Memorandum:

Inasmuch as the depositions of the parties have not yet been taken, Supreme Court properly exercised its discretion in denying defendants Namuliks' cross motion for summary judgment without prejudice to renew at the close of discovery (see, CPLR 3212 [f]). Further, we conclude that the court properly exercised its discretion in permitting plaintiff Wider...

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