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MILLER v. ADAMSKI

54 A.D.3d 1011 (2008)

863 N.Y.S.2d 922

RUTH MILLER et al., Appellants, v. RICHARD ADAMSKI, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 30, 2008.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the plaintiffs' motion for summary judgment on the ground that the motion was premature since discovery had not yet taken place (see Ross v Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 506 [1993]; Rengifo v City of New York, 7 A.D.3d 773 [2004]; Lantigua v Mallick...

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