FAWWAZ ALI, plf-ap, v. BLAIR EFFRON def, IRWIN COHEN def-res

10119. FAWWAZ ALI, plf-ap, v. BLAIR EFFRON def, IRWIN COHEN def-res — The Orlow firm, Roslyn Harbor (Louis A. Badolato of counsel), for ap — Hoey, King, Epstein, Prezioso & Marquez, New York (Andrew G. Sfouggatakis of counsel), for Irwin Cohen, res — Mauro Lilling Naparty LLP, Woodbury (Seth M. Weinberg of counsel), for Abbylara Service, Corp., res — Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success (Jeffrey R. Beitler of counsel), for Vandeberg Architects, res — Order, Supreme Court, New York County (Paul Wooten, J.), entered October 2, 2012, which, insofar as appealed from as limited by the briefs, granted defendant Abbylara Service, Corp.'s (Abbylara) motion to transfer venue from New York County to Suffolk County for consolidation with another action pending there, and denied as premature plaintiff's motion for partial summary judgment on his Labor Law §240(1) claim as against defendants Abbylara and Irwin Cohen without prejudice and with leave to renew in Suffolk County, unanimously affirmed, without costs.

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10119. FAWWAZ ALI, plf-ap, v. BLAIR EFFRON def, IRWIN COHEN def-res — The Orlow firm, Roslyn Harbor (Louis A. Badolato of counsel), for ap — Hoey, King, Epstein, Prezioso & Marquez, New York (Andrew G. Sfouggatakis of counsel), for Irwin Cohen, res — Mauro Lilling Naparty LLP, Woodbury (Seth M. Weinberg of counsel), for Abbylara Service, Corp., res — Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success (Jeffrey R. Beitler of counsel), for Vandeberg Architects, res — Order, Supreme Court, New York County (Paul Wooten, J.), entered October 2, 2012, which, insofar as appealed from as limited by the briefs, granted defendant Abbylara Service, Corp.’s (Abbylara) motion to transfer venue from New York County to Suffolk County for consolidation with another action pending there, and denied as premature plaintiff’s motion for partial summary judgment on his Labor Law §240(1) claim as against defendants Abbylara and Irwin Cohen without prejudice and with leave to renew in Suffolk County, unanimously affirmed, without costs.

Plaintiff’s cross motion for partial summary judgment was properly denied as premature in light of the incomplete state of discovery, including the lack of any depositions (see Wilson v. Yemen Realty Corp., 74 AD3d 544 [1st Dept 2010]; McGlynn v. Palace Co., 262 AD2d 116 [1st Dept 1999]).

FAWWAZ ALI, plf-ap, v. BLAIR EFFRON def, IRWIN COHEN def-res

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