Aldridge v. Rumsey

—Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted plaintiffs motion for partial summary judgment with respect to defendant’s liability in this negligence action. We reject the contention of defendant that the motion was premature because he had not conducted discovery of plaintiff and eight nonparty witnesses. Plaintiffs motion sought summary relief only with respect to defendant’s conduct, and the facts essential to oppose that motion were completely within defendant’s knowledge (see, CPLR 3212 [f¡). Moreover, defendant offered no explanation for his failure…