Hager v. Denny's, Inc.

Order insofar as appealed from unanimously reversed on the law without costs, motion denied with leave to renew upon the completion of discovery and complaint against defendant Borg-Warner Protective Services Corporation, d/b/a Burns International Security Services, reinstated. Memorandum: Supreme Court erred in granting the motion of defendant Borg-Warner Protective Services Corporation, d/b/a Burns International Security Services, for summary judgment dismissing the complaint against it. The motion is premature because there has been no reasonable opportunity for discovery (see, Urcan v Cocarelli, 234 AD2d 537 ). We therefore deny the motion with leave to renew upon the completion of discovery. (Appeal from Order of Supreme Court, Erie County, Mahoney, J. — Summary Judgment.) Present— Green, J. P., Pine, Hayes, Scudder and Bums, JJ.