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BRADLEY v. IBEX CONSTRUCTION LLC

Appellate Division of the Supreme Court of New York, First Department.
Oct 20, 2005
Judgment
Subsequent
References
CaseIQ
Case Information
CITATION CODES
citation codes
DOCKET NO.

6836.

Attorney(S)

Paul F. McAloon, New York, for appellants. French Rafter, LLP, New York (Howard K. Fishman of counsel), for Ibex Construction LLC, respondent. D'Amato Lynch, New York (Arturo M. Boutin of counsel), for Home Depot U.S.A., Inc. and 23rd Street Properties, LLC, respondents. Fabiani Cohen, LLP, New York (Lisa A. Sokoloff of counsel), for Ruttura Sons Construction Co., respondent.

JUDGES

David B. Saxe

ACTS

No Acts

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Important Paras
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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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