Majority
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (D. Hart, J.), entered April 10, 2015, as denied his motion for summary judgment on the issue of liability without prejudice to renew upon the completion of discovery and, upon denying the defendants’ cross motion for summary judgment dismissing the complaint on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident, did so without prejudice to renew.
Ordered that the appeal from so much of the order as, upon denying the defendants’ cross motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident, did so without prejudice to renew, is dismissed, as the plaintiff is not aggrieved by that portion of the order; and it is further,
Ordered that the order is affirmed insofar as reviewed; and it is further,
Ordered that one bill of costs is awarded to the defendants.
Contrary to the plaintiff’s contention, the Supreme Court properly denied his motion for summary judgment on the issue of liability without prejudice to renew upon the completion of discovery, given that little discovery had taken place and the depositions of the parties had not yet occurred (see CPLR 3212 [fl; Herrera v Gargiso, 140 AD3d 1122 , 1123 [2016]; Takhalov v Rottenberg, 128 AD3d 678 , 678 [2015]; Sepulveda v Cammeby’s Mgt. Co., LLC, 119 AD3d 927 [2014]; Gardner v Cason, Inc., 82 AD3d 930 , 931-932 [2011]).
Leventhal, J.P., Hall, Sgroi and Duffy, JJ., concur.
Cases cited
- Curtis & Associates, P.C. v. Callaghan 119 AD3d 782 at 783 p. 1001
- Pepin v. Jani 101 AD3d 694 at 694 p. 1001
- Herrera v. Gargiso 140 AD3d 1122 at 1123 p. 1001
- Takhalov v. Rottenberg 128 AD3d 678 at 678 p. 1001