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McINTOSH v. N. Y. CITY PARTNERSHIP DEV. FUND CO., INC.

2016-05189. Index No. 500412/10.

165 A.D.3d 1251 (2018)

87 N.Y.S.3d 637

2018 NY Slip Op 07303

Grace McIntosh et al., Appellants, v. New York City Partnership Development Fund Company, Inc., Defendant, Atlantic Commons Cornerstone, L.P., Defendant/Third-Party Plaintiff-Respondent, and MDG Design and Construction, LLC, Respondent. Benedetto & Sons Excavating, Inc., et al., Third-Party Defendants-Respondents.

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

Decided October 31, 2018.

Ordered that the order dated March 31, 2016, is affirmed, with one bill of costs.

The Supreme Court issued an order dated October 16, 2015, directing the plaintiffs to respond to all outstanding discovery demands and prior court orders within 30 days. The order stated that failure to comply with this directive would "result in [the plaintiffs] being precluded from introducing damages at trial." Thereafter, the defendant...

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