Opinion
Argued November 21, 2000.
December 19, 2000.
In an action, inter alia, to recover damages for breach of contract and fraud, the defendants appeal from so much of an order of the Supreme Court, Westchester County (DiBlasi, J.), entered October 14, 1999, as denied, as premature, their motion for summary judgment dismissing the complaint insofar as asserted against the defendant Geeta Chowdhary, and for summary judgment dismissing the first, third, and fourth causes of action insofar as asserted against the defendants Metropolitan Life Insurance Company and MetraHealth Insurance Company.
Moran d'Arcambal, Rockville Centre, N.Y. (Siobhan E. Moran and Aimee P. Levine of counsel), for appellants.
Joel Martin Aurnou, White Plains, N.Y. (Kieran James Sullivan of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SONDRA MILLER, GLORIA GOLDSTEIN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied, as premature, the defendants' motion for summary judgment on the ground that the defendants failed to comply with court-ordered discovery (see, Hill v. Douglas Elliman-Gibbons Ives, 269 A.D.2d 117; Esposito v. Metropolitan Transp. Auth., 264 A.D.2d 370; Colicchio v. Port Auth. of N.Y. N.J., 246 A.D.2d 464; Lewis v. Agency Rent-A-Car, 168 A.D.2d 435).