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MARIA MARTINEZ, Plaintiff, v. ASHLEY APTS. CO., LLC, et al., Defendants and Third-Party Plaintiffs-Respondents. P G CONSTRUCTION CORP., Third-Party Defendant-Appellant.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, since discovery has not been conducted, it would have been premature to grant summary judgment ( see Sportiello v City of New York, 6 AD3d 421, 422 [2004]). Moreover, as noted by the Supreme Court, the "conflicting self serving affidavits submitted by the representatives of the respective parties" preclude the granting of summary judgment at this juncture ( see Comerica Bank, N.A. v Benedict, 39 AD3d 456, 458; Thibeault v Travelers Ins. Co., 37 AD3d 1000, 1001; Dune Deck Owners Corp. v Liggett, 34 AD3d 523, 524).]

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MARTINEZ v. ASHLEY APTS
(Oct 16, 2007)