UDDIN v. L & L Painting Co., Inc., et al., Defendants-Appellants.

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

Zamil UDDIN, Plaintiff-Respondent, v. The CITY OF NEW YORK, Defendant, L & L Painting Co., Inc., et al., Defendants-Appellants.

Decided: June 26, 2008

LIPPMAN, P.J., TOM, ANDRIAS, SAXE, JJ. Smith Mazure Director Wilkins Young & Yagerman, P.C., New York (Stacy I. Malinow of counsel), for appellants. Hans Bruce Fischer, New York, for respondent.

Order, Supreme Court, New York County (Paul G. Feinman, J.), entered November 30, 2007, which denied the motion by defendants L & L and Alpha for summary judgment, unanimously affirmed, without costs.

Defendants' motion was based solely on plaintiff's testimony, at a General Municipal Law § 50-h examination, that his accident was caused when three or four gallons of water and debris fell onto his windshield from the upper level of the Queensboro Bridge.   His observation that construction was taking place on the upper level at the time was confirmed in an affidavit by a City employee.   Plaintiff has not yet had the opportunity to conduct any discovery of defendants.   Under the circumstances, the motion was premature (Rengifo v. City of New York, 7 A.D.3d 773, 776 N.Y.S.2d 865 [2004] ).