Opinion
December 14, 1992
Appeal from the Supreme Court, Nassau County (Becker, J.).
Ordered that the order is affirmed, with costs.
The denial of summary judgment before pretrial discovery had even begun was proper, as the motion was premature at that juncture (see, Schleich v Gruber, 133 A.D.2d 224; Smith v City of New York, 133 A.D.2d 818; Blue Bird Coach Lines v 107 Del. Ave., 125 A.D.2d 971). The alleged admission of guilt that the plaintiffs assert the defendant driver signed does not preclude questions of comparative negligence and those relating to whether the accident could have been avoided by the plaintiff driver, matters which may be probed during pretrial discovery. Sullivan, J.P., O'Brien, Copertino and Santucci, JJ., concur.