ROOK v. 60 KEY CTR., INC.


239 A.D.2d 926 (1997)

660 N.Y.S.2d 238

Robert L. Rook et al., Appellants-Respondents, v. 60 Key Centre, Inc., et al., Respondents. 60 Key Centre, Inc., Third-Party Plaintiff, v. Aluma Systems Corporation, Third-Party Defendant-Respondent. Burke Company, Fourth-Party Plaintiff, v. Frank L. Ciminelli Construction Co., Inc., Fourth-Party Defendant-Respondent-Appellant. Mobile Materials Handling Equipment, Ltd., Fourth-Party Plaintiff, v. Frank L. Ciminelli Construction Co., Inc., Fourth-Party Defendant-Respondent-Appellant, and Aluma Systems Corporation et al., Fourth-Party Defendants-Respondents. (Appeal No. 1.)

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

May 30, 1997


Order unanimously modified on the law and as modified affirmed with costs to plaintiffs in accordance with the following Memorandum: In appeal No. 1, plaintiffs challenge an order granting the motion of fourth-party defendant Frank L. Ciminelli Construction Co., Inc. (Ciminelli), to preclude the testimony of an economist for plaintiffs' failure to comply with a scheduling order requiring all parties to complete expert disclosure in accordance with CPLR 3101 (d)

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