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STAJANO v. UNITED TECHNOLOGIES CORPORATION

5 A.D.3d 260 (2004)

774 N.Y.S.2d 490

JULIO C.W. STAJANO et al., Appellants, v. UNITED TECHNOLOGIES CORPORATION et al., Respondents.

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

March 23, 2004.

A prior motion for summary judgment was premature, given that disclosure had not yet been completed (see 273 A.D.2d 162 [2000]). Having now obtained the materials necessary to resolve previously open questions of fact, defendants' motion for summary judgment, based on a more detailed government-contractor defense, was appropriate.

Plaintiffs were not prejudiced by the grant of leave...

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