Opinion
2001-06955
Submitted February 20, 2002.
March 18, 2002.
In an action to recover damages for personal injuries, the third-party defendant, New York City School Construction Authority, appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Schulman, J.), dated May 10, 2001, as, upon renewal, denied its motion pursuant to CPLR 3126 to dismiss the third-party complaint.
Wilson, Elser, Moskowitz, Edelman Dicker, LLP, New York, N.Y. (Eugene T. Boule and Maryanne E. Brenna of counsel), for third-party defendant-appellant.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Leonard Koerner and Elizabeth S. Natrella of counsel), for defendants third-party plaintiffs-respondents.
Before: FRED T. SANTUCCI, J.P., GLORIA GOLDSTEIN, DANIEL F. LUCIANO, ROBERT W. SCHMIDT, STEPHEN G. CRANE, JJ.
ORDERED that the order is affirmed insofar as appealed from, with costs; and it is further,
ORDERED that the third-party defendant shall complete discovery within 60 days of service upon it of a copy of this decision and order.
The Supreme Court providently exercised its discretion in denying the motion of the New York City School Construction Authority (hereinafter NYCSCA) to dismiss the third-party complaint (see, Villatoro v. Talt, 269 A.D.2d 390; Annanquartey v. Passeser, 260 A.D.2d 517; Guilford v. Netter, 179 A.D.2d 801; Pescatore v. American Export Lines, 131 A.D.2d 739). Since the NYCSCA was brought into this action after the completion of discovery in the main action and the filing of the note of issue, the NYCSCA shall complete discovery within 60 days of service upon it of a copy of this decision and order.
SANTUCCI, J.P., GOLDSTEIN, LUCIANO, SCHMIDT and CRANE, JJ., concur.