Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment on the issue of liability is denied, without prejudice to renewal upon the completion of discovery.
Under the facts of this case, it was premature for the Supreme Court to grant the plaintiff's motion for summary judgment on the issue of liability prior to the exchange of any discovery (see CPLR 3212 [f]; Babcock v Roche,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.