Fultz v. D. Benvenuti Properties

— Levine, J.

Appeal from an order of the Supreme Court (Hughes, J.), entered December 8, 1988 in Albany County, which, inter alla, denied the cross motions of various defendants to strike plaintiffs’ note of issue and certificate of readiness.

Plaintiff Timothy K. Fultz suffered severe injuries as a result of a construction site accident which occurred September 15, 1986. In November 1986, this action was commenced against defendant D. Benvenuti Properties (hereinafter Benvenuti). Approximately one year later, plaintiffs commenced an action against defendants Butler Construction Corporation…