The motion was properly denied in this action where plaintiff was allegedly injured when she tripped and fell while exiting an elevator car. Because there has been no showing that NYE was negligent or that appellants were not negligent, any order requiring NYE to defend is premature ( see Inner City Redevelopment Corp. v Thyssenkrupp El. Corp., 78 AD3d 613 [1st Dept 2010]; see also Bellefleur v Newark Beth Israel Med. Ctr., 66 AD3d 807, 809).