Thompson v. McCarthy

Appeal from an order of the Supreme Court (Tait, Jr., J.), entered March 27, 1996 in Madison County, which, inter alia, denied defendant’s cross motion to dismiss the complaint.

In June 1995, plaintiffs commenced this action against defendant, a contractor, to recover for property damages they sustained as a result of defendant’s installation of a new roof on their home in 1992. Following joinder of issue, plaintiffs moved for court-ordered depositions and defendant cross-moved to dismiss the complaint based on his assertion that another action between the same parties involving identical…