Appellate Division of the Supreme Court of New York, Second DepartmentOct 23, 1989
154 A.D.2d 591 (N.Y. App. Div. 1989)

October 23, 1989

Appeal from the Supreme Court, Kings County (Bernstein, J.).

Ordered that the order is affirmed, with costs payable to Willets Point Contracting Corp.

The record before this court demonstrates that the discovery requests of the defendants and third-party plaintiffs have been complied with by the third-party defendants. Accordingly, we conclude that the Supreme Court acted properly in denying the defendants and third-party plaintiffs' motion for a conditional preclusion order. Mollen, P.J., Bracken, Rubin and Sullivan, JJ., concur.