QUIZHPI v. LOCHINVAR CORPORATION


12 A.D.3d 252 (2004)

785 N.Y.S.2d 431

SEGUNDO QUIZHPI, Appellant, v. LOCHINVAR CORPORATION et al., Respondents, and TJERNLUND PRODUCTS, INC., et al., Defendants. (And Other Actions.)

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

November 18, 2004.


Good cause existed for the filing of a late motion for summary judgment, pursuant to CPLR 3212 (a), where the court acquiesced in, and had actual knowledge of, ongoing discovery subsequent to the filing of the note of issue. This was confirmed in a writing authored by plaintiff's counsel. Under such circumstances, the court's tacit consent to consideration of the motion was within its discretion (cf. Brill v City of New York, 2 N.Y.3d 648

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