AFZAL v. BOARD OF FIRE COMMISSIONERS OF BELLMORE FIRE DISTRICT (2005)

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

Muhammed AFZAL, appellant, v. BOARD OF FIRE COMMISSIONERS OF BELLMORE FIRE DISTRICT, respondent, et al., defendant.

Decided: November 21, 2005

ANITA R. FLORIO, J.P., GABRIEL M. KRAUSMAN, PETER B. SKELOS, and JOSEPH COVELLO, JJ.

DiGiovanna & Khalatbari, Brooklyn, N.Y. (John C. DiGiovanna of counsel), for appellant. Armienti, DeBellis & Whiten, LLP, New York, N.Y. (Michael Armienti and Vanessa Corchia of counsel), for respondent.

In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (O'Connell, J.), dated September 7, 2004, as denied, as premature, that branch of his cross motion which was for summary judgment on the issue of liability on his cause of action pursuant to Labor Law § 240(1) insofar as asserted against the defendant Board of Fire Commissioners of the Bellmore Fire District.

ORDERED that the order is affirmed insofar as appealed from, with costs.

As significant discovery, including the deposition of the plaintiff, had not been completed, the Supreme Court properly denied, as premature, that branch of the plaintiff's cross motion which was for summary judgment on the issue of liability on the cause of action pursuant to Labor Law § 240(1) insofar as asserted against the defendant Board of Fire Commissioners of the Bellmore Fire District (see Groves v. Land's End Hous. Co., 80 N.Y.2d 978, 592 N.Y.S.2d 643, 607 N.E.2d 790; Rengifo v. City of New York, 7 A.D.3d 773, 776 N.Y.S.2d 865; CPLR 3212[f] ).

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