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McGUIRE v. TISHMAN CONSTRUCTION CORPORATION OF MANHATTAN

295 A.D.2d 265 (2002)

743 N.Y.S.2d 868

DARRELL McGUIRE et al., Appellants, v. TISHMAN CONSTRUCTION CORPORATION OF MANHATTAN et al., Respondents. TISHMAN CONSTRUCTION CORPORATION OF MANHATTAN, Sued Herein as TISHMAN CONSTRUCTION CORPORATION OF NEW YORK, Third-Party Plaintiff-Respondent, v. OTIS ELEVATOR COMPANY, Third-Party Defendant-Respondent and Second Third-Party Plaintiff-Respondent. NORTH BERRY STRUCTURES, INC., Second Third-Party Defendant-Respondent. (And Another Action.)

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

Decided June 25, 2002.

Plaintiffs filed the note of issue on October 23, 2001. The next day a conference was held, after which the court issued an order directing plaintiffs, among other things, to provide all parties with certain medical authorizations within 10 days. The instant motion to vacate the note of issue was made on November 14, 2001, and was properly granted in view of plaintiffs' concession that they did not produce the authorizations. Plaintiffs...

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