Phelps v. Boy Scouts of America

Order, Supreme Court, Bronx County (Sallie Manzanet, J.), entered July 1, 2002, which, to the extent appealed from as limited by the brief, denied appellants’ motion to vacate plaintiffs’ note of issue, and order, same court (Janice Bowman, J.), entered January 8, 2003, which denied appellants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Appellants’ motion to strike the note of issue so as to enable them to depose certain nonparty witnesses was properly denied inasmuch as the motion was untimely and appellants had previously been afforded a full…