HERNANDEZ v. NEW YORK CITY TRANSIT AUTHORITY (2005)

Supreme Court, Appellate Division, First Department, New York.

Felicia HERNANDEZ, Plaintiff-Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, et al., Defendants-Appellants.

Decided: December 08, 2005

MAZZARELLI, J.P., SAXE, ELLERIN, GONZALEZ, CATTERSON, JJ.

Steve S. Efron, New York, for appellants. Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), for respondent.

Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered on or about June 9, 2004, which, to the extent appealed from, granted plaintiff's motion for partial summary judgment on the issue of liability, unanimously reversed, on the law, without costs, and plaintiff's motion denied.

The award of partial summary judgment in plaintiff's favor was inappropriate, since defendants had not had the opportunity to hold a 50-h hearing or other discovery (see Fisher v. Ciarfella, 300 A.D.2d 1028, 752 N.Y.S.2d 492 [2002]; McGlynn v. Palace Co., 262 A.D.2d 116, 691 N.Y.S.2d 514 [1999] ).

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