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TATIS v. TRIBOROUGH CONSTR. SERVS., INC.

Index No. 27597/18E. Appeal No. 17492. Case No. 2022-03627.

214 A.D.3d 467 (2023)

183 N.Y.S.3d 734

2023 NY Slip Op 01247

Silvestre Tatis, Respondent, v. Triborough Construction Services, Inc., et al., Appellants, et al., Defendant. Triborough Construction Services, Inc., et al., Third-Party Plaintiffs-Appellants, v. Deder Construction, LLC., Third-Party Defendant, and The Safety Group Ltd., Third-Party Defendant-Respondent.

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

Decided March 9, 2023.

Attorney(s) appearing for the Case

Traub Lieberman Straus & Shrewsberry LLP, Hawthorne ( Denis M. Farrell , of counsel) for Triborough Construction Services Inc., appellant.

Hannum Feretic Prendergast & Merlino, LLC, New York ( Michael J. Caulfield , of counsel) for Farrington Realty, LLC, appellant.

Brand Glick Brand, P.C., East Meadow ( Roman J. Shakh , of counsel) for respondent.

Concur— Acosta, P.J., Manzanet-Daniels, Kapnick, Shulman, Higgitt, JJ.

Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered July 28, 2022, which denied defendant Triborough Construction Services, Inc's motion to vacate the note of issue except to the extent of extending its time to move for summary judgment, unanimously affirmed, without costs.

The court providently exercised its discretion in denying the motion to vacate the note of issue since there was no misstatement of...

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