DiBenedetto v. Lowe's Home Centers, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the third-party defendant appeals from an order of the Supreme Court, Richmond County (Aliotta, J.), dated November 30, 2006, which denied his motion for summary judgment dismissing the third-party complaint.
Ordered that the order is affirmed, without costs or disbursements.
Although the note of issue was filed on April 27, 2006 the third-party defendant failed to move for summary judgment dismissing the third-party complaint until August 17, 2006, notwithstanding the fact that the court’s preliminary conference order expressly recited…
2Cases cited4 opinions
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- Miceli v. State Farm Mutual Automobile Insurance CompanyNew York Court of Appeals · 2004
- Tower Insurance v. Razy AssociatesAppellate Division of the Supreme Court of the State of New York · 2007
- Thompson v. Leben Home for AdultsAppellate Division of the Supreme Court of the State of New York · 2005
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- Anderson v. KantaresAppellate Division of the Supreme Court of the State of New York · 2008
- Fiorino v. North Shore University Hospital at Glen CoveAppellate Division of the Supreme Court of the State of New York · 2010
- Hernandez v. 35-55 73rd Street, LLCAppellate Division of the Supreme Court of the State of New York · 2011
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