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VENTO v. CITY OF NEW YORK

247 A.D.2d 535 (1998)

668 N.Y.S.2d 473

Richard G. Vento, Jr., Respondent, v. City of New York, Defendant, and John J. Dalton, Appellant

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

February 17, 1998

Ordered that the order is affirmed, with costs.

Initially we note that even if the opposition papers and cross motion were untimely served, the Supreme Court providently exercised its discretion in overlooking the late service inasmuch as the plaintiff was not prejudiced thereby (see, Adler v Gordon, 243 A.D.2d 365; Pallette Stone Corp. v Guyer Bldrs., 194 A.D.2d 1019, 1020...

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