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ROMEO v. CITY OF NEW YORK

261 A.D.2d 379 (1999)

689 N.Y.S.2d 517

EDWARD ROMEO et al., Appellants, v. CITY OF NEW YORK et al., Defendants, and BROOKLYN UNION GAS CO., Defendant and Third-Party Plaintiff-Respondent. HALLEN CONSTRUCTION CO. et al., Third-Party Defendants.

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

Decided May 3, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiffs' contention, the cross motion of the defendant Brooklyn Union Gas Company (hereinafter Brooklyn Union) for summary judgment dismissing the complaint insofar as asserted against it was properly granted notwithstanding the fact that discovery had not yet been completed, since "`there was only hope and speculation as to what additional discovery would uncover in the present...

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