Appellate Division of the Supreme Court of the State of New York December 6, 2011 (Taylor v. Krebs)

Under the facts of this case, it was premature for the Supreme Court to grant the plaintiffs motion for summary judgment on the issue of liability prior to the exchange of any discovery (see CPLR 3212 [f]; Babcock v Roche, 262 AD2d 512, 512-513 [1999]; McNally v Fitzgerald, 260 AD2d 355, 356 [1999]; Hentschel v Campbell Carpet Servs.