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MILLER v. BALL

2017-05645. Index No. 22339/12.

165 A.D.3d 920 (2018)

83 N.Y.S.3d 912

2018 NY Slip Op 06897

Paige Miller, Respondent, v. James Ball, Appellant.

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

Decided October 17, 2018.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court's determination that the defendant's motion, in effect, for summary judgment on his counterclaims was untimely, and that the defendant failed to demonstrate good cause for the delay in making his motion (see CPLR 3212 [a]; Brill v City of New York, 2 N.Y.3d 648, 650 [2004]; Perini Corp. v City of New York [Department of Envtl. Protection...

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