Legal Opinion

Maschi v. City of New York

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

Decided October 8, 2013Published

1Opinion of the Court

Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered March 20, 2012, which granted defendant City of New York’s motion for summary judgment, dismissing the complaint and cross claims against it, unanimously reversed, on the law, without costs, and the motion denied on the ground that it was untimely.

By order dated June 23, 2011, the motion court required that summary judgment motions be made, if at all, by October 12, 2011. It is undisputed that defendant’s motion was dated October 28, 2011. Accordingly, it was untimely (see CPLR 3212 [a]; see Brill v City of New York, 2…

2Cases cited6 opinions

  1. Brill v. City of New YorkNew York Court of Appeals · 2004
  2. Filannino v. Triborough Bridge & Tunnel AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
  3. Tower Insurance v. Razy AssociatesAppellate Division of the Supreme Court of the State of New York · 2007
  4. Breiding v. GiladiAppellate Division of the Supreme Court of the State of New York · 2005
  5. Fofana v. 41 West 34th Street, LLCAppellate Division of the Supreme Court of the State of New York · 2010

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