Temple L. Taylor, respondent, v. David R. Krebs, appellant. (2011)

Argued—November 7, 2011

DECISION & ORDER

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered September 30, 2010, which granted the plaintiff's motion for summary judgment on the issue of liability.

ORDERED that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment on the issue of liability is denied, without prejudice to renewal upon the completion of discovery.

Under the facts of this case, it was premature for the Supreme Court to grant the plaintiff's motion for summary judgment on the issue of liability prior to the exchange of any discovery (see CPLR 3212[f];  Babcock v. Roche, 262 A.D.2d 512, 512–513;  McNally v. Fitzgerald, 260 A.D.2d 355, 356;  Hentschel v. Campbell Carpet Servs., 256 A.D.2d 500, 500–501;  Barletta v. Lewis, 237 A.D.2d 238).   Accordingly, the motion should have been denied, without prejudice to renewal upon the completion of discovery.

In light of our determination, we need not reach the defendant's remaining contentions.

RIVERA, J.P., LEVENTHAL, BELEN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court