Ordered that the order is reversed insofar as appealed from, on the law, with costs, the plaintiff's motion pursuant to CPLR 3124 to compel discovery is granted, and that branch of the defendant's cross motion which was for summary judgment dismissing the complaint is denied as premature, without prejudice to renew upon the completion of discovery.
The plaintiff allegedly was injured on October 25, 2007, when he was struck by a motor vehicle while riding his bicycle...
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