DELEON v. 650 WEST 172ND STREET ASSOC.


44 A.D.3d 305 (2007)

841 N.Y.S.2d 867

RICHARDSON DELEON et al., Plaintiffs, v. 650 WEST 172ND STREET ASSOC. et al., Defendants and Third-Party Plaintiffs. JOSEPH ABRAM, Doing Business as JOSEPH ABRAM CONTRACTING, Third-Party Defendant. 650 WEST 172ND STREET ASSOC. et al., Second Third-Party Plaintiffs-Respondents, v. JAKE REALTY, LLC, et al., Second Third-Party Defendants-Appellants.

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

Decided October 2, 2007.


It appears that although a July 13, 2004 preliminary conference order directed that disclosure in any third-party actions be completed by April 14, 2005, respondents did not commence the subject second third-party action against appellants until on or about September 14, 2006, which was also well after the January 31, 2005 filing of the note of issue, and less than three months before the scheduled trial date. Countering an October 19, 2006 motion by respondents for a default...

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