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MAYORQUIN v. CARRIAGE HOUSE OWNER'S CORP.

Index No. 302669/14E. Appeal No. 15311. Case No. 2020-03050.

202 A.D.3d 541 (2022)

2022 NY Slip Op 00971

Carlos Mayorquin, Respondent, v. Carriage House Owner's Corp. et al., Appellants. (And a Third-Party Action.).

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

Decided February 15, 2022.

Attorney(s) appearing for the Case

Furman Kornfeld & Brennan LLP, New York (Andrew S. Kowlowitz of counsel), for Carriage House Owner's Corp., appellant.

Fuchs Rosenzweig PLLC, New York (Valerie Prizimenter of counsel), for Advanced Carpentry Corp, appellant.

Fullerton Beck LLP, White Plains (Edward J. Guardaro of counsel), for M & A Projects, Inc., appellant.

Gorayeb & Associates, P.C., New York (John M. Shaw of counsel), for respondent.

Concur—Kern, J.P., Oing, Singh, Moulton, González, JJ.

Plaintiff's motion was timely despite the passage of the 120-day period, as the note of issue was ultimately vacated, and the case restored to its "pre-note of issue status" (Matos v City of New York, 154 A.D.3d 532, 533 [1st Dept 2017]). Defendants' challenges to the propriety of plaintiff's reason for the vacatur, and moving for summary judgment on liability, are unavailing, in view of the parties' signed so-ordered stipulation...

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