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STERNHEIM v. TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY

283 A.D.2d 419 (2001)

723 N.Y.S.2d 869

ISAAC STERNHEIM et al., Plaintiffs, v. TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, Doing Business as MTA BRIDGES AND TUNNEL (TBTA), Defendant and Third-Party Plaintiff-Appellant. GROW TUNNELING CORP., Third-Party Defendant-Respondent.

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

Decided May 7, 2001.

Ordered that the order entered July 20, 2000, is affirmed; and it is further,

Ordered that the order entered October 24, 2000, is affirmed insofar as appealed from; and it is further,

Ordered that the third-party defendant is awarded one bill of costs.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in directing additional discovery (see, Schobel v Godwin,...

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