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MARSHALL, III v. 130 NORTH BEDFORD ROAD MOUNT KISCO CORP.

277 A.D.2d 432 (2000)

717 N.Y.S.2d 227

JOHN A. MARSHALL, III, et al., Respondents, v. 130 NORTH BEDFORD ROAD MOUNT KISCO CORP. et al., Defendants and Third-Party Plaintiffs-Appellants. VILLAGE OF MOUNT KISCO, Third-Party Defendant-Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 27, 2000.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that the defendants' motion in limine was, in effect, an untimely motion for summary judgment and, therefore, was properly denied (see, Downtown Art Co. v Zimmerman, 232 A.D.2d 270).

The defendants further contend that the Supreme Court should not have allowed the plaintiffs' expert witness to testify because...

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