Appellate Division of the Supreme Court of the State of New York May 8, 2007 (Harris v. City of New York)

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Partnow, J.), dated December 14, 2005, which granted that branch of the cross motion of the defendant, City of New York, which was for summary judgment dismissing the complaint, and denied, as academic, their motion pursuant to CPLR 3124 to compel discovery.