CONNECTICUT INDEMNITY v. TRAVELERS INS

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Docket Number

2001-10016

Attorney(S)

McElfish Associates, LLC, New York, N.Y. (Suzanne M. Billig and Teresa A. Gruber of counsel), for appellant. Wilson, Elser, Moskowitz, Edelman Dicker, LLP, New York, N.Y. (John Doody, Meredith Drucker, and Vito DeStefano of counsel), for respondent North American Specialty Insurance Company. Mendes Mount, LLP, New York, N.Y. (Joseph K. Molloy and Andrea Cha of counsel), for respondent Canal Hi Fi, Inc.

Judges

Nancy E. Smith
Reinaldo E. Rivera

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CONNECTICUT INDEMNITY COMPANY, appellant, v. TRAVELERS INSURANCE COMPANY, ET AL., defendants, NORTH AMERICAN SPECIALTY INSURANCE COMPANY, ET AL., respondents.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with one bill of costs.

The Supreme Court properly granted summary judgment in favor of the defendants North American Specialty Insurance Company, Canal Hi Fi, Inc., and Anne-Marie Charles (see CPLR 3212[b]; Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Zuckerman v. City of New York, 49 N.Y.2d 557).

Furthermore, we reject the plaintiff's argument pursuant to CPLR 3212(f) that summary judgment was premature as discovery was not yet completed. The plaintiff's mere hope that it might be able to uncover some evidence during the discovery process is insufficient to deny summary judgment (see Wood v. Otherson, 210 A.D.2d 473; Pow v. Black, 182 A.D.2d 484).

SMITH, J.P., O'BRIEN, KRAUSMAN and RIVERA, JJ., concur.

CONNECTICUT INDEMNITY COMPANY, appellant, v. TRAVELERS INSURANCE COMPANY, ET AL., defendants, NORTH AMERICAN SPECIALTY INSURANCE COMPANY, ET AL., respondents.

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