Legal Opinion
Cruz v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided March 12, 2002PublishedCited by 3 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Eileen Bransten, J.), entered on or about January 18, 2001, which granted the motion of defendant the New York City Transit Authority (TA) for summary judgment dismissing the complaint against it, unanimously affirmed, without costs.
The motion court’s decision to entertain defendant TA’s belated summary judgment motion constituted a proper exercise of discretion. The TA presented a reasonable excuse for its delay and the motion was not made on the eve of trial (see, Gonzalez v 98 Mag Leasing Corp., 95 NY2d 124, 128), and thus neither disrupted the…
2Cases cited6 opinions
- Gonzalez v. 98 Mag Leasing Corp.New York Court of Appeals · 2000
- Luciano v. Apple Maintenance & Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Brunetti v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
- Rodriguez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
- Beltran v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2000
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3Cited by3 opinions
- Trump Village Section 3, Inc. v. New York State Housing Finance AgencyAppellate Division of the Supreme Court of the State of New York · 2003
- Burns v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2003
- Bobi v. SoulanzosAppellate Division of the Supreme Court of the State of New York · 2003