Whelan v. Port Authority of New York & New Jersey

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Weiss, J.), dated April 23, 2004, which denied, as premature, its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied, as premature, the defendant’s motion for summary judgment pursuant to CPLR 3212 (f) because certain relevant discovery remained outstanding. The plaintiff alleged that she was injured when she slipped and fell on an icy metal plate in an area of LaGuardia Airport that…