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BARRETO v. CITY OF NEW YORK

Index No. 151586/19. Appeal No. 13882. Case No. 2020-04194.

194 A.D.3d 563 (2021)

144 N.Y.S.3d 347

2021 NY Slip Op 03247

Rebeca Barreto, Respondent, v. City of New York et al., Respondents, and Ahearn Holtzman, Inc., Appellant, et al., Defendant.

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

Decided May 20, 2021.

Attorney(s) appearing for the Case

Law Office of James J. Toomey, New York ( Jason Meneses of counsel), for appellant.

Raphaelson & Levine Law Firm, New York ( Jason Krakower of counsel), for Rebeca Barreto, respondent.

James E. Johnson , Corporation Counsel, New York ( Kevin Osowski of counsel), for municipal respondents.

Concur—Renwick, J.P., Manzanet-Daniels, Mazzarelli, Mendez, JJ.

The motion was properly denied as premature (CPLR 3212[f]). "[I]n accordance with the statute, this Court has held that a motion for summary judgment should be denied as premature where the movant has yet to be deposed" (Figueroa v City of New York, 126 A.D.3d 438, 439 [1st Dept 2015], citing 241 Fifth Ave. Hotel, LLC v GSY Corp., 110 A.D.3d 470

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