McNeill v. Menter
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court, Onondaga County (Charles T. Major, J.), entered February 9, 2004. The order granted the motion of defendant Barbara Roe for summary judgment dismissing the complaint.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied and the complaint is reinstated.
Memorandum: We agree with plaintiff that Supreme Court erred in entertaining the late motion of Barbara Roe (defendant) for summary judgment dismissing the complaint against her and in granting the motion. The…
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