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BURLINGTON INS. CO. v. 54TH ST. AUTO CTR., INC.

Index No. 156539/20. Appeal No. 15991. Case No. 2021-04472.

208 A.D.3d 401 (2022)

171 N.Y.S.3d 356

2022 NY Slip Op 04779

The Burlington Insurance Company, Appellant, v. 54th Street Auto Center, Inc., Respondent.

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

Decided August 2, 2022.

Attorney(s) appearing for the Case

Soffer, Rech & Borg, LLP, Mineola (Michael A. Borg of counsel), for appellant.

Rosen Law LLC, Great Neck (Gary Rosen of counsel), for respondent.

Concur—Renwick, J.P., Friedman, Gesmer, Mendez, Higgitt, JJ.

Plaintiff's motion for summary judgment was made before any discovery had been conducted and was therefore premature (see Reid v St. Luke's-Roosevelt Hosp. Ctr., 191 A.D.3d 545, 547 [1st Dept 2021]; Blech v West Park Presbyt. Church, 97 A.D.3d 443 [1st Dept 2012]; CPLR 3212[f]). In opposition, defendant pointed out that this was plaintiff's second motion and that no new evidence had been presented. It submitted an affidavit...

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