Legal Opinion
Joseph v. Board of Education
Appellate Division of the Supreme Court of the State of New York
Decided January 19, 2012PublishedCited by 4 opinions
1Opinion of the Court
*529Where the parties stipulated to a date for making a summary judgment motion and defendant inadvertently failed to append the “so ordered” version of the stipulation, the motion court improvidently exercised its discretion in finding the motion to be untimely. On the motion to renew, defendant provided a so-ordered version of a stipulation, offered a reasonable excuse for its failure to include the new evidence in the original motion (i.e., law office failure), and demonstrated the merit of its defense (see CPLR 2221 [e]). In addition, there is no claim of prejudice by plaintiff (see Scannell…
2Cases cited6 opinions
- Clemmer v. Drah Cab Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Cruz v. Bronx Lebanon Hospital CenterAppellate Division of the Supreme Court of the State of New York · 2010
- Scannell v. Mt. Sinai Medical CenterAppellate Division of the Supreme Court of the State of New York · 1998
- Safchik v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1990
- Pisano v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 2003
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3Cited by4 opinions
- Laourdakis v. TorresAppellate Division of the Supreme Court of the State of New York · 2012
- FTBK Investor II LLC v. Genesis Holding LLCNew York Supreme Court · 2014
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- Laourdakis v. TorresAppellate Division of the Supreme Court of the State of New York · 2012