LOMBARDI v. STRUCTURE TONE, INC.

12742, 110684/11, 590270/12, 590989/12.

118 A.D.3d 512 (2014)

987 N.Y.S.2d 145

2014 NY Slip Op 42435

ANDREW LOMBARDI, Respondent, v. STRUCTURE TONE, INC., et al., Appellants. (And a Third-Party Action.) STRUCTURE TONE, INC., et al., Second Third-Party Plaintiffs-Appellants, v. ROBERT B. SAMUELS, INC., Second Third-Party Defendant-Respondent.

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

Decided June 12, 2014.


In this action arising out of personal injuries allegedly sustained by plaintiff when he tripped over debris at a construction site, the main action is trial-ready, but there is outstanding discovery in the second third-party action, which includes the depositions of necessary witnesses. Plaintiff would be substantially prejudiced by a long delay if compelled to await completion of disclosure in the second third-party action. Accordingly, the motion court did not abuse its...

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