Torres v. West Street Realty Co.

Appeal from order, Supreme Court, New York County (Barry Salman, J.), entered April 4, 2003, which granted plaintiffs’ motion for an order compelling defendants and third-party defendant to permit the inspection of a certain loading dock and platform, unanimously dismissed as moot, with one bill of costs payable by defendants-appellants to plaintiffs.

Appellants’ claim that the court erred in granting plaintiffs’ motion for inspection of the accident site after a note of issue had already been filed is moot because they did not seek or obtain a stay of the court’s order, and plaintiffs’ expert has already inspected the subject premises. In any event, there were extraordinary circumstances in this case justifying a post-note-of-issue inspection for the purpose of opposing defendants’ summary judgment motion, which was also post-note-of-issue (compare Boisvert v Town of Grafton, 131 AD2d 910 [1987]). Concur—Nardelli, J.P., Tom, Ellerin, Lerner and Friedman, JJ.