Opinion
2003-03988.
Decided December 15, 2003.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Hart, J.), dated March 31, 2003, which denied his motion for summary judgment on the issue of liability.
Elliot Ifraimoff Associates, P.C., Rego Park, N.Y. (David E. Waterbury of counsel), for appellant.
Agen Stenz, Westbury, N.Y. (Effy Belessis of counsel), for respondent.
Before: DANIEL F. LUCIANO, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Contrary to the plaintiff's contention, his motion was premature since substantial discovery remains outstanding ( see generally Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 506). Accordingly, the Supreme Court properly denied the motion.
SMITH, J.P., McGINITY, LUCIANO and TOWNES, JJ., concur.