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BOBI v. SOULANZOS

307 A.D.2d 224 (2003)

763 N.Y.S.2d 557

KWADWO A. BOBI, Appellant, v. SPIROS SOULANZOS, Respondent.

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

Decided July 24, 2003.

Although the court properly exercised its discretion, under the circumstances, in entertaining defendant's untimely motion for summary judgment (CPLR 3212 [a]; see Cruz v City of New York, 292 A.D.2d 209 [2002]; Luciano v Apple Maintenance & Servs., 289 A.D.2d 90 [2001]), it erred in dismissing the complaint. Plaintiff's introduction of the abnormal results of several objective medical...

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