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SWAMINATHAN RAJAN, respondent, v. HARVEY INSLER, ET AL., defendants, SIGNATURE HEALTH CENTER, appellant.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court properly denied the appellant's motion for summary judgment. Due to the lack of disclosure, it would be premature to grant summary judgment at this stage of the proceedings (see CPLR 3212[f]; Almonte v. LaTortue, 293 A.D.2d 431; AIT Intl. v. Federal Express Corp., 278 A.D.2d 439).

ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.

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RAJAN v. INSLER
(Dec 16, 2002)