Uddin v City of New York
2008 NY Slip Op 05798 [52 AD3d 422] [52 AD3d 422]
June 26, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 13, 2008


Zamil Uddin, Respondent,
v
City of New York, Defendant, and L & L Painting Co., Inc., et al., Appellants.

—[*1] Smith Mazure Director Wilkins Young & Yagerman, P.C., New York (Stacy I. Malinow of counsel), for appellants.

Hans Bruce Fischer, New York, for respondent. Order, Supreme Court, New York County (Paul G. Feinman, J.), entered November 30, 2007, which denied the motion by defendants L & L and Alpha for summary judgment, unanimously affirmed, without costs.

Defendants' motion was based solely on plaintiff's testimony, at a General Municipal Law § 50-h examination, that his accident was caused when three or four gallons of water and debris fell onto his windshield from the upper level of the Queensboro Bridge. His observation that construction was taking place on the upper level at the time was confirmed in an affidavit by a city employee. Plaintiff has not yet had the opportunity to conduct any discovery of defendants. Under the circumstances, the motion was premature (Rengifo v City of New York, 7 AD3d 773 [2004]). Concur—Lippman, P.J., Tom, Andrias and Saxe, JJ.