Opinion
2002-02110
Submitted November 14, 2002.
December 16, 2002.
In an action, inter alia, to recover damages for breach of contract, the defendant Signature Health Center appeals from an order of the Supreme Court, Putnam County (Hickman, J.), dated January 29, 2002, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.
Errol Blank, West Nyack, N.Y., for appellant.
John H. Hersh, Peekskill, N.Y., for respondent.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, HOWARD MILLER, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly denied the appellant's motion for summary judgment. Due to the lack of disclosure, it would be premature to grant summary judgment at this stage of the proceedings (see CPLR 3212[f]; Almonte v. LaTortue, 293 A.D.2d 431; AIT Intl. v. Federal Express Corp., 278 A.D.2d 439).
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.