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TORRES v. NEW YORK CITY TRANSIT AUTHORITY

267 A.D.2d 77 (1999)

699 N.Y.S.2d 389

EMELINDE TORRES, Individually and as Administratrix of the Estate of MIGUEL RIVERA, Also Known as MICHAEL RIVERA, Deceased, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent, et al., Defendant.

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

Decided December 9, 1999.

Under the circumstances presented, in which defendant's summary judgment motion, although filed five days late, possessed clear merit, and in which plaintiff continued to conduct discovery subsequent to the filing of her note of issue, the motion court properly entertained the motion (see, Rossi v Arnot Ogden Med. Ctr., 252 A.D.2d 778, 779-780; see also, Acosta v 888 7th Ave. Assocs., 248 A.D.2d 284

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