Opinion
Argued December 16, 1999
February 10, 2000
In a declaratory judgment action, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Queens County (Goldstein, J.), dated November 5, 1998, which granted the defendant's motion for summary judgment and declared that it had no duty to indemnify the plaintiff in an underlying personal injury action.
Filardi Amato, P.C., Manhasset, N.Y. (Anthony W. Amato, Jr., of counsel), for appellant.
Garcia Stallone, Melville, N.Y. (Robert T. Sylvan and Joseph A. Stallone of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, WILLIAM C. THOMPSON and SONDRA MILLER, JJ.
DECISION ORDER
ORDERED that the order and judgment is affirmed, with costs.
Contrary to the plaintiff's contention, the Supreme Court properly granted the defendant's motion for summary judgment. The grant of summary judgment was not premature since the plaintiff failed to demonstrate that further discovery would uncover any triable issue of fact (see, Zuckerman v. City of New York, 49 N.Y.2d 557, 562 ;Parisi v. Leppard, 237 A.D.2d 419 ; Carrington v. City of New York, 201 A.D.2d 525, 527 ). Moreover, the evidence submitted by the defendant demonstrated a lack of coverage for which no prompt disclaimer was required (see, Handelsman v. Sea Ins. Co., 85 N.Y.2d 96, 99 ; Zappone v. Home Ins. Co., 55 N.Y.2d 131, 132 ).
The plaintiff's remaining contentions are without merit.