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TORRES v. WEST STREET REALTY COMPANY

1 A.D.3d 180 (2003)

766 N.Y.S.2d 847

RICARDO TORRES et al., Respondents, v. WEST STREET REALTY COMPANY et al., Defendants and Third-Party Plaintiffs-Appellants. APARTMENT FURNITURE RENTALS ASSOCIATES, Third-Party Defendant-Appellant, et al., Third-Party Defendant.

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

November 13, 2003.

Appellants' claim that the court erred in granting plaintiffs' motion for inspection of the accident site after a note of issue had already been filed is moot because they did not seek or obtain a stay of the court's order, and plaintiffs' expert has already inspected the subject premises. In any event, there were extraordinary circumstances in this case justifying a post-note-of-issue inspection for the purpose of opposing defendants' summary judgment motion, which was also...

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