| Martinez v Ashley Apts. Co., LLC |
| 2007 NY Slip Op 07824 [44 AD3d 830] |
| October 16, 2007 |
| Appellate Division, Second Department |
| Maria Martinez, Plaintiff, v Ashley Apts. Co., LLC, et al.,Defendants and Third-Party Plaintiffs-Respondents. P & G Construction Corp., Third-PartyDefendant-Appellant. |
—[*1] Greater New York Mutual Insurance Company, New York, N.Y. (Thomas D. Hughes,Richard C. Rubenstein, and David D. Hess of counsel), for defendants third-partyplaintiffs-respondents.
In an action, inter alia, to recover damages for personal injuries, the third-party defendantappeals from an order of the Supreme Court, Kings County (Kramer, J.), dated January 8, 2007,which denied its motion for summary judgment dismissing the third-party cause of action forcontractual indemnification.
Ordered that the order is affirmed, with costs.
Under the circumstances of this case, since discovery has not been conducted, it would havebeen premature to grant summary judgment (see Sportiello v City of New York, 6 AD3d 421, 422 [2004]).Moreover, as noted by the Supreme Court, the "conflicting self serving affidavits submitted bythe representatives of the respective parties" preclude the granting of summary judgment at thisjuncture (see Comerica Bank, N.A. vBenedict, 39 AD3d 456, 458 [2007]; Thibeault v Travelers Ins. Co., 37 AD3d 1000, 1001 [2007]; Dune Deck Owners Corp. v Liggett, 34AD3d 523, 524 [2006]). Miller, J.P., Goldstein, Skelos and Balkin, JJ., concur.