Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof denying the plaintiff's motion for summary judgment on the issue of liability and substituting therefor a provision denying the motion as premature, without prejudice to renewal following the completion of discovery; as so modified, the order is affirmed insofar as appealed from, with costs to the defendant.
In support of his motion for summary judgment...
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