Prescott v. Kramer Chemicals, Inc.

In an action to recover damages for personal injuries, etc., the defendant third-party plaintiff and the third-party defendant separately appeal, as limited by their respective briefs, from so much of an order of the Supreme Court, Kings County (Clemente, J), dated April 12, 2002, as denied their respective motions to dismiss the complaint.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the appellants’ contentions, they failed to demonstrate that the plaintiffs’ failure to timely comply with various discovery requests and court orders…