Pyotr Yadgarov v Gadi Dekel

Yadgarov v Dekel 2003 NY Slip Op 19499 [2 AD3d 631] December 15, 2003 Appellate Division, Second Department As corrected through Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 25, 2004

Pyotr Yadgarov, Appellant,
v
Gadi Dekel, Respondent.

—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.

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 NY2d 494, 506 [1993]). Accordingly, the Supreme Court properly denied the motion. Smith, J.P., McGinity, Luciano and Townes, JJ., concur.