Montalto v. Colgate Scaffolding Corp.

In an action to recover damages for personal injuries, etc., the defendant/third-party plaintiff, KSK Construction Group, LLC, and the defendant Fulton Corner Acquisition, LLC, appeal from so much of an order of the Supreme Court, Suffolk County (Asher, J.), dated April 2, 2014, as, in effect, denied that branch of their motion which was to vacate the plaintiffs’ notice of discontinuance, and granted the plaintiffs’ cross motion pursuant to CPLR 3217 (b) for leave to discontinue the action without prejudice, and the defendant Transcope Companies and the third-party defendant, Thyssenkrupp…