Stimson v. E.M. Cahill Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1005Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered January 21, 2004. The order denied defendants’ motion for leave to serve a summary judgment motion after the time required by the stipulated scheduling order.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the motion is granted.
Memorandum: Supreme Court erred in denying defendants’ motion seeking leave to serve a summary judgment motion after the time required by the stipulated scheduling order. In support of the motion,…
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