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HARTH v. LIAKIS & SON

103 Misc.2d 217 (1980)

John J. Harth et al., Plaintiffs, v. Nicholas Liakis & Son, Inc., et al., Defendants and Third-Party Plaintiffs. Daniel R. Lanno et al., Third-Party Defendants.

Supreme Court, Trial Term, Nassau County.

March 7, 1980.

Attorney(s) appearing for the Case

Furey & Mooney for defendants and third-party plaintiffs. Joseph C. Scibilia for third-party defendants. Leff, Weber & Shapiro for plaintiffs.

B. THOMAS PANTANO, J.

Defendants move to vacate and set aside two notices of intention to introduce X rays into evidence which notices were served pursuant to CPLR 4532-a.

Third-party defendants join in the motion by a cross motion.

Plaintiff, in turn, cross-moves for an order that the X rays here in issue be deemed admissible.

CPLR 4532-a as presently in form provides as follows:

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