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RODRIGUEZ v. NATIONAL EQUIPMENT CORPORATION

304 A.D.2d 494 (2003)

759 N.Y.S.2d 55

CIRRO RODRIGUEZ, Appellant, v. NATIONAL EQUIPMENT CORPORATION, Respondent and Third-Party Plaintiff-Respondent, et al., Defendant. FERRARA FOODS & CONFECTIONS, INC., Third-Party Defendant-Respondent.

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

Decided April 29, 2003.

Although plaintiff concededly failed to perfect his appeal from the order granting summary judgment in a timely manner or move to enlarge the time in which to perfect such appeal (22 NYCRR 600.11 [a] [3]), neither defendants-respondents move to dismiss that appeal and the appeal from the order entered January 11, 2002 was timely perfected. Moreover, there is no showing of any resulting prejudice from plaintiff's delay. Accordingly, in the interest of justice, we deem such...

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