SEGUNDO YUNGA, ap, v. YONKERS CONTRACTING COMPANY, INC., DEFENDANTS THIRD-PARTY-PLAINTIFFS- res, HORIZON AT RIDGE HILL, def-res, ET AL., def; VILLA CONSTRUCTION, INC., THIRD-PARTY def-res

SEGUNDO YUNGA, ap, v. YONKERS CONTRACTING COMPANY, INC., DEFENDANTS THIRD-PARTY-PLAINTIFFS- res, HORIZON AT RIDGE HILL, def-res, ET AL., def; VILLA CONSTRUCTION, INC., THIRD-PARTY def-res — (INDEX NO. 18620/09)In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Bayne, J.), dated November 19, 2014, which (1) granted those branches of the motion of the defendants Yonkers Contracting Company, Inc., Forest City Ratner Companies, LLC, Forest City Enterprises, Inc., and FC Yonkers Associates, LLC, which were pursuant to CPLR 3126 and CPLR 3404 to dismiss the complaint insofar as asserted against them, (2) granted the separate motion of the third-party defendant pursuant to CPLR 3216 to dismiss the complaint, and (3) denied the plaintiff's cross motion to extend his time to file a note of issue and to compel and schedule further discovery.

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SEGUNDO YUNGA, ap, v. YONKERS CONTRACTING COMPANY, INC., DEFENDANTS THIRD-PARTY-PLAINTIFFS- res, HORIZON AT RIDGE HILL, def-res, ET AL., def; VILLA CONSTRUCTION, INC., THIRD-PARTY def-res — (INDEX NO. 18620/09)In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Bayne, J.), dated November 19, 2014, which (1) granted those branches of the motion of the defendants Yonkers Contracting Company, Inc., Forest City Ratner Companies, LLC, Forest City Enterprises, Inc., and FC Yonkers Associates, LLC, which were pursuant to CPLR 3126 and CPLR 3404 to dismiss the complaint insofar as asserted against them, (2) granted the separate motion of the third-party defendant pursuant to CPLR 3216 to dismiss the complaint, and (3) denied the plaintiff’s cross motion to extend his time to file a note of issue and to compel and schedule further discovery.

ORDERED that the order is reversed, on the law, on the facts, and in the exercise of discretion, with one bill of costs, those branches of the motion of the defendants Yonkers Contracting Company, Inc., Forest City Ratner Companies, LLC, Forest City Enterprises, Inc., and FC Yonkers Associates, LLC, which were pursuant to CPLR 3126 and CPLR 3404 to dismiss the complaint insofar as asserted against them are denied, the separate motion of the third-party defendant pursuant to CPLR 3216 to dismiss the complaint is denied, the plaintiff’s cross motion to extend the plaintiff’s time to file a note of issue and to compel and schedule further discovery is granted, and the matter is remitted to the Supreme Court, Kings County, to schedule the order of priority with respect to the parties’ outstanding discovery, and to impose new discovery deadlines applicable thereto, including a new deadline for the service and filing of the note of issue.

SEGUNDO YUNGA, ap, v. YONKERS CONTRACTING COMPANY, INC., DEFENDANTS THIRD-PARTY-PLAINTIFFS- res, HORIZON AT RIDGE HILL, def-res, ET AL., def; VILLA CONSTRUCTION, INC., THIRD-PARTY def-res

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