Brown v. Harper

Full title: ARTHUR BROWN, Appellant, v. ARTIZ HARPER et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 27, 1997

243 A.D.2d 669 (N.Y. App. Div. 1997)

664 N.Y.S.2d 577

Opinion

October 27, 1997

Appeal from Supreme Court, Kings County (Dowd, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff's motion, submitted prior to service of the defendant Artiz Harper's answer and the commencement of pretrial discovery, was made before material facts and circumstances of the underlying accident had been fully developed ( see, Silver Dollar Shows v. Town of Huntington, 152 A.D.2d 558). Accordingly, the motion was properly denied as premature.

Mangano, P.J., Copertino, Joy, Florio and Luciano, JJ., concur.