Diaz v. Jadan

Order, Supreme Court, Bronx County (John A. Barone, J.), entered September 14, 2012, which denied plaintiffs motion for summary judgment on the issue of liability as premature, with leave to renew following discovery, unanimously affirmed, without costs.

Contrary to defendant’s contention, the order is appealable as of right because the denial of the motion, even with leave to renew, affects a “substantial right” of plaintiff (CPLR 5701 [a] *601[v]; Moleon v Kreisler Borg Florman Gen. Constr. Co., 304 AD2d 337 [1st Dept 2003]).

On the merits, the court correctly denied plaintiffs motion for summary…