CRUZ v. CITY OF NEW YORK


292 A.D.2d 209 (2002)

739 N.Y.S.2d 374

FELINA CRUZ, Appellant, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided March 12, 2002.


The motion court's decision to entertain defendant TA's belated summary judgment motion constituted a proper exercise of discretion. The TA presented a reasonable excuse for its delay and the motion was not made on the eve of trial (see, Gonzalez v 98 Mag Leasing Corp., 95 N.Y.2d 124, 128), and thus neither disrupted the court's calendar nor left plaintiff without adequate time to frame a response (see, id.). In addition,...

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