SCHATZ v. ST. PAUL FIRE MARINE INSURANCE

ORDERED that the order and judgment is affirmed, with costs.

Contrary to the plaintiff's contention, the Supreme Court properly granted the defendant's motion for summary judgment. The grant of summary judgment was not premature since the plaintiff failed to demonstrate that further discovery would uncover any triable issue of fact (see, Zuckerman v. City of New York, 49 N.Y.2d 557, 562 ;Parisi v. Leppard, 237 A.D.2d 419 ; Carrington v. City of New York, 201 A.D.2d 525, 527 ). Moreover, the evidence submitted by the defendant demonstrated a lack of coverage for which no prompt disclaimer was required (see, Handelsman v. Sea Ins. Co., 85 N.Y.2d 96, 99 ; Zappone v. Home Ins. Co., 55 N.Y.2d 131, 132 ).

The plaintiff's remaining contentions are without merit.