Amaya v Board of Educ. of City of N.Y.
2007 NY Slip Op 06609 [43 AD3d 837]
September 11, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 7, 2007


Kathy Amaya et al., Respondents,
v
Board of Education of City of New York et al., Appellants.

—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Julian L. Kalkstein of counsel), for appellants.

Robert T. Anker, New York, N.Y., for respondents.

In an action to recover damages for personal injuries, etc., the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Solomon, J.), dated January 13, 2006, as denied, with leave to renew, their cross motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendants' cross motion for summary judgment dismissing the complaint was properly denied, with leave to renew. Under the facts of this case, discovery should first be completed (see CPLR 3212 [f]). Prudenti, P.J., Fisher, Lifson and Angiolillo, JJ., concur.