CLEARY v. CITY OF NEW YORK


177 A.D.2d 283 (1991)

Thomas M. Cleary et al., Respondents, v. City of New York, Respondent, and Yonkers Contracting Company, Respondent and Third-Party Plaintiff-Respondent. Hallen Construction Co., Third-Party Defendant-Appellant

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

November 7, 1991


Third-party defendant Hallen Construction Co. argues the court erred in granting the plaintiffs' request for disclosure of surveillance videotapes on the eve of trial, one year after the filing of the note of issue, without any showing by plaintiffs of special, unusual or exceptional circumstances, and where no excuse was offered for plaintiffs' delay in making the additional discovery demand. To the contrary, inasmuch as plaintiffs, prior to filing their note of issue, obtained...

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