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HITZIG v. BOROUGH-TEL SERV., INC.

168 A.D.2d 276 (1990)

David Hitzig, Respondent, v. Borough-Tel Service, Inc., et al., Appellants

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

December 11, 1990

Having some 1½ years before granted summary judgment in defendant Segal's favor, the motion court, by order entered April 3, 1990, rejoined Segal noting, "[W]hile the motion is untimely as one for reargument pursuant to CPLR 2221 * * * this Court determines that the interest of justice requires rejoinder of Executor Segal without whom complete relief cannot be accorded."

Although plaintiff characterizes the rejoinder...

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