Gonzalez v. Port Authority of New York & New Jersey

Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered September 14, 2010, which denied defendant T.U.C.S. Cleaning Service, Inc.’s motion and defendant Port Authority of New York and New Jersey’s cross motion for summary judgment dismissing the complaint and any cross claims against them, unanimously modified, on the law, to grant T.U.C.S.’s motion, and otherwise affirmed, without costs.

The Port Authority failed to establish that it timely filed its cross motion (see Corchado v City of New York, 64 AD3d 429 [2009]). Counsel’s statement in a reply affirmation that it timely…