LAUDISIO v. DIAMOND D CONSTRUCTION CORPORATION


281 A.D.2d 942 (2001)

722 N.Y.S.2d 207

DOMINIC LAUDISIO et al., Respondents, v. DIAMOND D CONSTRUCTION CORPORATION, Appellant.

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

Decided March 21, 2001.


Order insofar as appealed from unanimously reversed on the law without costs and cross motion denied.

Memorandum:

Defendant contends that Supreme Court erred in granting the alternative request in plaintiffs' cross motion for an order compelling further discovery on the issue of the workers' compensation defense asserted by defendant. We agree. Plaintiffs commenced this action in June 1992, and defendant raised the workers' compensation issue as an affirmative...

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