| Torres v West St. Realty Co. |
| 2003 NY Slip Op 18369 [1 AD3d 180] |
| November 13, 2003 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
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| Ricardo Torres et al., Respondents, v West Street Realty Company et al., Defendants and Third-Party Plaintiffs-Appellants. Apartment Furniture Rentals Associates, Third-Party Defendant-Appellant, et al., Third-Party Defendant. |
— Appeal from order, Supreme Court, New York County (Barry Salman, J.), entered April 4, 2003, which granted plaintiffs' motion for an order compelling defendants and third-party defendant to permit the inspection of a certain loading dock and platform, unanimously dismissed as moot, with one bill of costs payable by defendants-appellants to plaintiffs.
Appellants' claim that the court erred in granting plaintiffs' motion for inspection of the accident site after a note of issue had already been filed is moot because they did not seek or obtain a stay of the court's order, and plaintiffs' expert has already inspected the subject premises. In any event, there were extraordinary circumstances in this case justifying a post-note-of-issue inspection for the purpose of opposing defendants' summary judgment motion, which was also post-note-of-issue (compare Boisvert v Town of Grafton, 131 AD2d 910 [1987]). Concur—Nardelli, J.P., Tom, Ellerin, Lerner and Friedman, JJ.