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ROBERT BRADLEY et al., Appellants, v. IBEX CONSTRUCTION LLC, et al., Respondents. IBEX CONSTRUCTION LLC, Third-Party Plaintiff-Respondent,

The motions, which were made before a preliminary conference had been held and before defendants had any opportunity to obtain disclosure, were properly denied as premature under the circumstances presented ( see McGlynn v. Palace Co., 262 AD2d 116). However, plaintiffs should have been granted leave to renew after completion of disclosure ( see id.), and we modify accordingly.

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BRADLEY v. IBEX CONSTRUCTION LLC
(Oct 20, 2005)