Opinion
2003-04118.
Decided February 9, 2004.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Kramer, J.), dated April 4, 2003, which denied her motion for summary judgment with leave to renew upon completion of discovery.
Irwin R. Kaplan, Brooklyn, N.Y. (Howard A. Chetkof of counsel), for appellant.
Garbarini Scher, P.C., New York, N.Y. (Andrew Zwerling and William D. Buckley of counsel), for respondent.
Before: DAVID S. RITTER, J.P., NANCY E. SMITH, HOWARD MILLER and WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Under the circumstances of this case, the Supreme Court properly denied the plaintiff's motion for summary judgment because discovery, including the court-ordered deposition of the plaintiff, had not yet been completed ( see CPLR 3212[f]; Ryo v. Minerva, 290 A.D.2d 434; Sazer v. Marino, 280 A.D.2d 537; Hoxha v. City of New York, 265 A.D.2d 379).
RITTER, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.