Ordered that the order is modified, on the law, by adding thereto, after the word "denied," the words "without prejudice to renewal after discovery is completed"; as so modified, the order is affirmed, without costs or disbursements.
Contrary to the appellant's contention, the Supreme Court properly denied its motion for summary judgment. The motion was made before the plaintiff had an opportunity to conduct discovery, and the affidavit submitted in support of the...
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