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TORO v. CITY OF NEW YORK

271 A.D.2d 523 (2000)

706 N.Y.S.2d 345

RAYMOND L. TORO et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided April 10, 2000.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in permitting the defendants to make a late motion for summary judgment (see, CPLR 3212 [a]; Maravalli v Home Depot U.S.A., 266 A.D.2d 437; Quinlan v Kaufman, 258 A.D.2d 453). Further, the court properly granted the motion.

The plaintiffs were granted leave to file...

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