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MARTINEZ v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION

7 A.D.3d 683 (2004)

776 N.Y.S.2d 513

OLIVIA MARTINEZ ET AL., Appellants, v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION, Respondent.

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

May 17, 2004.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in allowing the defendant to make a late motion for summary judgment. The Supreme Court has "wide latitude" in deciding whether to allow late motions for summary judgment (Williams v Nicolaou, 284 A.D.2d 451 [2001]). Here, the defendant filed its motion well in advance of trial, and the plaintiffs demonstrated no prejudice...

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