GONCALVES v. STUYVESANT DEV. ASSOCS.


244 A.D.2d 267 (1997)

664 N.Y.S.2d 764

Leonel Goncalves et al., Respondents, v. Stuyvesant Development Associates, Appellant and Third-Party Plaintiff-Appellant, et al., Defendants. Luna Carpentry, Inc., Third-Party Defendant-Respondent

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

November 20, 1997


In a personal injury action, third-party defendant's motion for an order of preclusion pursuant to CPLR 3126 based on the other parties' defaults on its discovery demands was granted on default, and thereafter, based on the preclusion order, the IAS Court granted third-party defendant's cross motion for summary judgment dismissing the third-party complaint. This Court affirmed that dismissal, finding that third-party plaintiff did...

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