Hoag v. Chase Pitkin Home & Garden Center

—Order unanimously affirmed without costs. Memorandum: Plaintiffs commenced this negligence action against Chase Pitkin Home and Garden Center (Chase Pitkin), and Chase Pitkin commenced a third-party action against Tilepak America, Inc. (Tilepak), for common-law indemnification and contribution. After plaintiffs and representatives of Chase Pitkin were deposed, Chase Pit-kin and Tilepak executed a stipulation of discontinuance of the third-party action pursuant to CPLR 3217 (a) (2). Thereafter, plaintiffs moved to compel Tilepak to comply with their demand for discovery made before the…