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TEPPER v. CITY OF NEW YORK

13 A.D.3d 124 (2004)

786 N.Y.S.2d 449

SAREN TEPPER et al., Respondents, v. CITY OF NEW YORK, Respondent, and NICO ASPHALT PAVING, INC., Appellant, et al., Defendant.

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

December 9, 2004.

Under the circumstances of this case, the court should have exercised its discretion to excuse the brief delay in moving for summary judgment (see CPLR 3212 [a]; Quinlan v Kaufman, 258 A.D.2d 453 [1999]).

Defendant-appellant demonstrated that on the merits it was entitled to judgment as a matter of law by establishing that it did not remove, repair or restore the concrete blocks in the crosswalk on which plaintiff...

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