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WINFIELD v. MONTICELLO SENIOR HOUS. ASSOC.

145, 109064/11.

136 A.D.3d 451 (2016)

24 N.Y.S.3d 503

2016 NY Slip Op 00873

CINDY WINFIELD, Respondent, v. MONTICELLO SENIOR HOUSING ASSOCIATES, Appellant, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 9, 2016.

Order, Supreme Court, New York County (Anil C. Singh, J.), entered April 9, 2015, which denied defendant Monticello Senior Housing Associates' motion for summary judgment as untimely, unanimously affirmed, without costs.

Supreme Court providently exercised its discretion in denying defendant's motion as untimely (Fine v One Bryant Park, LLC, 84 A.D.3d 436, 437 [1st Dept 2011]). Defendant filed its

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