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RANGE v. TRUSTEES OF COLUMBIA UNIVERSITY

4032. 15144412/13. 400162/13. 400194/13.

150 A.D.3d 515 (2017)

2017 NY Slip Op 03908

54 N.Y.S.3d 391

KING RANGE, Plaintiff, v. THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK et al., Defendants. (And A Third-Party Action.) THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK et al., Second Third-Party Plaintiffs-Respondents, v. TOTAL SAFETY CONSULTING, L.L.C., Second Third-Party Defendant, and CITY SAFETY COMPLIANCE CORP., Second Third-Party Defendant-Appellant. (And Other Actions.)

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

Decided May 16, 2017.

The motion court properly found that City Safety's substantial rights would not be prejudiced by its claimed lack of opportunity for meaningful discovery, in view of its ability to review existing discovery and obtain any required additional discovery "while this case makes its way up the trial calendar" (see Marbilla, LLC v 143/145 Lexington LLC, 116 A.D.3d 544 [1st Dept 2014]). Nor, as the motion court found, has City Safety been...

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