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REEPS v. BMW OF NORTH AMERICA, LLC

100725/08 6400A 6400.

160 A.D.3d 603 (2018)

72 N.Y.S.3d 451

2018 NY Slip Op 02907

Sean Reeps, Respondent, v. BMW of North America, LLC, et al., Appellants.

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

Decided April 26, 2018.

Prior court orders and stipulations between the parties show that the parties, with the court's consent, charted a procedural course that deviated from the path established by the CPLR and allowed for defendants' filing of this round of summary judgment motions more than 120 days after the filing of the note of issue (see Corchado v City of New York, 64 A.D.3d 429 [1st Dept 2009]). Thus, the motions were timely, and we remand the...

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