Gruenfeld v. City of New Rochelle

*1026In an action to recover damages for personal injuries, etc., the defendant City of New Rochelle appeals from an order of the Supreme Court, Westchester County (Smith, J.), dated February 18, 2009, which denied, as premature, its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it, without prejudice to renewal following the completion of discovery.

Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The plaintiff Helen Gruenfeld (hereinafter the plaintiff)…