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CONNECTICUT INDEMNITY v. TRAVELERS INS

Appellate Division of the Supreme Court of New York, Second Department.
Dec 23, 2002
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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.