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COSTANZA v. SKYLINE TOWERS 5

8 A.D.3d 524 (2004)

778 N.Y.S.2d 720

ROBERT COSTANZA, Plaintiff, v. SKYLINE TOWERS 5 et al., Defendants and Third-Party Plaintiffs-Respondents. P.S. MARCATO ELEVATOR CO., INC., Third-Party Defendant-Appellant.

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

June 21, 2004.

Ordered that the order is modified, on the law and as a matter of discretion, by (1) deleting the provision thereof granting that branch of the motion which was, in the alternative, to compel discovery only to the extent of directing a deposition of the defendants third-party plaintiffs and a physical examination of the plaintiff, and (2) deleting the provision thereof, in effect, denying that branch of the motion which was to vacate...

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