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TRANSAMERICA DELAVAL, INC. v. TALLMAN CONSTRUCTORS

109 A.D.2d 716 (1985)

Transamerica Delaval, Inc., Formerly Delaval Turbine, Inc., Respondent and Third-Party Plaintiff, v. Tallman Constructors, Appellant, et al., Defendants, et al., Third-Party Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

March 28, 1985

Kassal, J., concurs in a memorandum as follows:

I agree with my colleagues that there is no basis on this record to interfere with the established priority in terms of the conduct of depositions.

In my view, the parties may well be advised to consider, should the need arise in the future, an application for the appointment of a referee or judicial hearing officer pursuant to CPLR 3104. While there has been no application for such appointment and...

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