Laudisio v. Diamond D Construction Corp.

Order insofar as appealed from unanimously reversed on the law without costa and cross motion denied. Memorandum: Defendant contends that Supreme Court erred in granting the alternative request in plaintiffs’ cross motion for an order compelling further discovery on the issue of the workers’ compensation defense asserted by defendant. We agree. Plaintiffs commenced this action in June 1992, and defendant raised the workers’ compensation issue as an affirmative defense in its answer. Plaintiffs filed the note of issue and statement of readiness in September 1995, more than four years before…