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MUQATTASH v. CHOICE ONE PHARM. CORP.

303542/14, 6872, 8407/14, 6871.

162 A.D.3d 499 (2018)

79 N.Y.S.3d 137

2018 NY Slip Op 04428

Isam Muqattash et al., Respondents, v. Choice One Pharmacy Corp. et al., Appellants, et al., Defendants. Choice One Pharmacy Corp. et al., Third-Party Plaintiffs-Appellants, v. Macintosh Electric Corporation, Third-Party Defendant-Respondent.

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

Decided June 14, 2018.

The court properly declined to consider Choice One's cross motions for summary judgment since they were filed several months after the applicable deadline and Choice One did not provide good cause for its delay (see Brill v City of New York, 2 N.Y.3d 648, 652 [2004]). In any event, these motions were not true "cross motions" as they each sought, at least in part, relief against nonmoving parties. Furthermore, Choice One's cross motions...

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