Supreme Court providently exercised its discretion in denying Freedman's motion for summary judgment as untimely. Although the court's part rules state that all dispositive motions are to be made within 60 days of filing of the note of issue, Freedman, which had settled with plaintiff and been dismissed from the action, waited until January 2020—one year after plaintiff had filed her note of issue—to move for summary judgment
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COOPER v. METROPOLITAN TRANSPORTATION AUTHORITY
Index No. 451882/14. 595466/15E. 595878/15. Appeal No. 15142. Case No. 2020-04965.
201 A.D.3d 565 (2022)
157 N.Y.S.3d 707
2022 NY Slip Op 00371
Carolyn Cooper, Respondent, v. Metropolitan Transportation Authority et al., Respondents, and Freedman Seating Company, Appellant/Third-Party Defendant-Appellant/Fourth-Party Plaintiff-Appellant, et al., Defendant. Metropolitan Transportation Authority et al., Third-Party Plaintiffs-Respondents; Amsafe Commercial Products, Inc., Now Known as Shield Restraint Systems, Fourth-Party Defendant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided January 25, 2022.
Decided January 25, 2022.
Attorney(s) appearing for the Case
Wood Smith Henning & Berman, New York (Margaret Mazlin of counsel), for appellant.
Shein Johnson P.C., Melville (Barry Montrose of counsel), for respondents.
Concur—Gische, J.P., Webber, Mendez, Rodriguez, Pitt, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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