DIXON v. PENA


5 A.D.3d 283 (2004)

774 N.Y.S.2d 684

HUGH DIXON et al., Respondents, v. ALTAGRACIA PENA et al., Appellants.

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

March 23, 2004.


Defendants make no demonstration that the motion court substantively erred when it found plaintiffs' opposition to their summary judgment motion sufficient to raise triable issues as to whether plaintiffs sustained serious injuries in the underlying automobile accident. Rather, they contend that plaintiffs' opposition papers should have been disregarded by the motion court because they were not submitted within the time frame prescribed for such submissions (see CPLR...

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