| Cirincione v Atlantic Hylan Corp. |
| 2008 NY Slip Op 09941 [57 AD3d 707] |
| December 16, 2008 |
| Appellate Division, Second Department |
| Salvatore Cirincione et al., Respondents, v Atlantic Hylan Corp.,Respondent, and M.J. & T. Corp., Appellant. |
—[*1] Ameduri, Galante & Friscia, Staten Island, N.Y. (John Friscia of counsel), forplaintiffs-respondents.
In an action to recover damages for personal injuries, etc., the defendant M.J. & T. Corp. appealsfrom an order of the Supreme Court, Richmond County (Minardo, J.), dated May 24, 2007, whichdenied its motion for summary judgment dismissing the amended complaint and all cross claims insofaras asserted against it.
Ordered that the order is modified, on the facts and in the exercise of discretion, by adding thewords "without prejudice to renewal after the defendant M.J. & T. Corp. complies with all outstandingdiscovery orders" following the words "motion for summary judgment is denied"; as so modified, theorder is affirmed, without costs or disbursements.
The Supreme Court properly denied the motion of M.J. & T. Corp. (hereinafter MJ & T) forsummary judgment, inasmuch as it had failed to comply with discovery orders, and the material stilloutstanding was directly relevant to the issues presented on its motion for summary judgment (seeRosa v Colonial Tr., 276 AD2d 781 [2000]; Campbell v City of New York, 220 AD2d476, 477 [1995]; Soto v City of Long Beach, 197 AD2d 615, 616 [1993]). Under thecircumstances here, we modify the order to the extent of providing that the denial of MJ & T's motionfor summary judgment is without prejudice to renewal after it complies with all outstanding discoveryorders (cf. Abulhasan v Uniroyal-Goodrich Tire Co., 258 AD2d 728, 729 [1999]). Mastro,J.P., Rivera, Fisher and Eng, JJ., concur.