Opinion
2003-05775.
Decided March 22, 2004.
In an action to recover damages for personal injuries, the defendant Richard S. Kirch appeals, as limited by his brief, from so much of an order of the Supreme Court, Richmond County (Maltese, J.), dated May 16, 2003, as denied his motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against him.
Jacobowitz, Garfinkel Lesman (Fiedelman McGaw, Jericho, N.Y. [Ross P. Masler] of counsel), for appellant.
Bosco, Bisignano Mascolo, LLP, Staten Island, N.Y. (Anthony Bisignano of counsel), for plaintiff-respondent.
Slowinski, Atkins Czyz, LLP, New York, N.Y. (Kurt E. McCue of counsel), for defendants-respondents.
Before: MYRIAM J. ALTMAN, J.P., HOWARD MILLER, BARRY A. COZIER, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with one bill of costs.
Under the circumstances of this case, where discovery aimed at uncovering essential facts was still outstanding, the Supreme Court properly denied the appellant's motion for summary judgment ( see Rosa v. Colonial Tr., 276 A.D.2d 781; see also Destin v. New York City Tr. Auth., 303 A.D.2d 713; Barletta v. Lewis, 237 A.D.2d 238).
ALTMAN, J.P., H. MILLER, COZIER and MASTRO, JJ., concur.