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MILLER v. ADAMSKI

2007-09531

2008 NY Slip Op 07222

RUTH MILLER, ET AL., appellants, v. RICHARD ADAMSKI, respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 30, 2008.

Attorney(s) appearing for the Case

Hocherman Tortorella & Wekstein, LLP, White Plains, N.Y. (Adam L. Wekstein, Geraldine N. Tortorella, and Noelle V. Crisalli of counsel), for appellants.

Nick Fiore, Pound Ridge, N.Y., for respondent.

Before: Robert A. Spolzino, J.P., David S. Ritter, Mark C. Dillon, Thomas A. Dickerson, JJ.

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the plaintiffs' motion for summary judgment on the ground that the motion was premature since discovery had not yet taken place (see Ross v Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 506; Rengifo v City of New York, 7 A.D.3d 773; Lantigua v Mallick...

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