The motion court providently exercised its discretion in denying defendant's motion to dismiss the complaint on the ground that it was premature, and correctly concluded that discovery was needed to resolve the issues presented.
As an initial matter, we note that the court's ruling decided a motion made upon notice and is therefore appealable; it is not, as plaintiff argues, a nonappealable sua sponte order (CPLR 5701[a][2]; Sholes v Meagher,
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