STERLACCI v. WATER STREET FEE, L. L. C.


283 A.D.2d 342 (2001)

725 N.Y.S.2d 844

KENNETH STERLACCI, Respondent, v. WATER STREET FEE, L. L. C., et al., Appellants and Third-Party Plaintiffs-Appellants. JOHN S. TILLEY LADDER CO., INC., et al., Third-Party Defendants-Respondents.

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

Decided May 29, 2001.


The motion court should have granted the parties an extension of time to complete disclosure in the third-party action. At the time the court set the deadline for completion of third-party disclosure, issue had not yet been joined in the third-party action, and indeed the deadline was set in response to a previous motion by appellants, which they diligently made just one day after commencing the third-party action, to extend a previous deadline that was set in the preliminary...

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