Pena v. Castillo

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Schmidt, J.), entered January 30, 2003, which denied as premature their motion for summary judgment on the issue of liability without prejudice to renewal after the completion of discovery.

Ordered that the order is reversed, on the law, with costs, and the motion is granted.

The Supreme Court improperly denied as premature the plaintiffs’ motion for summary judgment on the issue of liability as premature (see Gillinder v Hemmes, 298 AD2d 493, 494 [2002];…