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253 A.D.2d 862

Nuss v. McCally

Appellate Division of the Supreme Court of the State of New York · decided 1998-09-28

Decided 1998-09-28

¶1In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Hall, J.), dated September 4, 1997, as denied his motion for summary judgment with leave to renew after all discovery has been completed.

¶2Ordered that the order is affirmed insofar as appealed from, with costs.

¶3Under the circumstances of this case, the Supreme Court properly denied the motion as premature. Rosenblatt, J. P., Sullivan, Joy, Altman and Luciano, JJ., concur.

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