Legal Opinion

JPMorgan Chase Bank, National Ass'n v. Hayes

Appellate Division of the Supreme Court of the State of New York

Decided April 26, 2016No. 942N 109882/09Published

1Opinion of the Court

Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered August 19, 2015, which denied defendant Sharay Hayes’s motion to compel plaintiff to comply with the terms of a stipulation, and granted plaintiff’s cross motion for an extension of time to oppose defendant’s motion nunc pro tunc, unanimously affirmed, with costs.

The motion court properly considered plaintiff’s late-served opposition to defendant’s motion, because the 15-day delay was to accommodate new counsel, and there was no showing of prejudice to defendant, who was able to submit reply papers (CPLR 2214 [b], [c]; see…

2Cases cited3 opinions

  1. Romeo v. Ben-Soph Food Corp.Appellate Division of the Supreme Court of the State of New York · 1989
  2. Eustathopoulo v. GillespieAppellate Division of the Supreme Court of the State of New York · 1926
  3. Traders Co. v. AST Sportswear, Inc.Appellate Division of the Supreme Court of the State of New York · 2006

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