Charlop v. A.O. Smith Water Products

Order, Supreme Court, New York County (Helen E. Freedman, J.), entered on or about May 20, 2008, which conditionally granted plaintiff’s motion to vacate defendant Kohler’s “no opposition summary judgment” motion on the ground that the summary judgment motion was inadvertently signed by plaintiff’s counsel, unanimously reversed, on the law, without costs and the motion denied.

The power of a trial court to exercise supervisory control over all phases of an action or proceeding has long been recognized, including the discretionary authority to relieve a party from the consequences of a…