Opinion
02-15-2017
Wanda OKULA, respondent, v. CITY OF NEW YORK, et al., defendants, New York City Transit Authority, et al., appellants.
Lawrence Heisler, New York, NY (Timothy J. O'Shaughnessy of counsel), for appellants. The Perecman Firm, PLLC, New York, NY (Peter D. Rigelhaupt of counsel), for respondent.
Lawrence Heisler, New York, NY (Timothy J. O'Shaughnessy of counsel), for appellants.
The Perecman Firm, PLLC, New York, NY (Peter D. Rigelhaupt of counsel), for respondent.
JOHN M. LEVENTHAL, J.P., SANDRA L. SGROI, HECTOR D. LaSALLE, and BETSY BARROS, JJ.
In an action to recover damages for personal injuries, the defendants New York City Transit Authority and Metropolitan Transportation Authority appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Lane, J.), dated April 19, 2016, as denied that branch of their motion which was for summary judgment dismissing the complaint and all cross claims insofar as asserted against the defendant New York City Transit Authority as premature, with leave to renew upon the completion of discovery.
ORDERED that the order is affirmed insofar as appealed from, with costs.
"A party should be afforded a reasonable opportunity to conduct discovery prior to the determination of a motion for summary judgment" (Brea v. Salvatore, 130 A.D.3d 956, 13 N.Y.S.3d 839 ; see Malester v. Rampil, 118 A.D.3d 855, 856, 988 N.Y.S.2d 226 ). Here, the defendants New York City Transit Authority (hereinafter the NYCTA) and Metropolitan Transportation Authority made their motion for summary judgment about three months after they served their answer. Under the circumstances of this case, at this stage of the proceedings, the Supreme Court providently exercised its discretion in denying that branch of their motion which was for summary judgment dismissing the complaint and all cross claims insofar as asserted against the defendant NYCTA, with leave to renew upon the completion of discovery (see CPLR 3212[f] ; Brea v. Salvatore, 130 A.D.3d 956, 13 N.Y.S.3d 839 ; Nicholson v. Bader, 83 A.D.3d 802, 920 N.Y.S.2d 682 ; Amico v. Melville Volunteer Fire Co., Inc., 39 A.D.3d 784, 785, 832 N.Y.S.2d 813 ).