Belziti v. Langford

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered on or about March 29, 2012, which denied the motion of defendant Eardley W. Green for summary judgment dismissing the complaint and all cross claims as against him, unanimously affirmed, without costs.

Green’s motion for summary judgment was properly denied as premature, since limited discovery has taken place and Green himself has not yet been deposed in this matter (see Blech v West Park Presbyt. Church, 97 AD3d 443 [1st Dept 2012]). In any event, the existing record presents triable issues of fact as to whether Green’s…