ESPEJO v. HIRO REAL ESTATE CO.


19 A.D.3d 360 (2005)

796 N.Y.S.2d 162

CARLOS ESPEJO, Respondent, v. HIRO REAL ESTATE CO., Defendant, and PRITCHARD INDUSTRIES, INC., Appellant.

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

June 6, 2005.


Ordered that the order is affirmed insofar as appealed from, with costs.

Although the appellant demonstrated "good cause" (CPLR 3212 [a]) for its failure to move for summary judgment during the initial 120-day period that followed the filing of the note of issue, it failed to explain the extensive delay that occurred thereafter. While discovery was not complete until after the deposition of the appellant's witness in July 2003, that witness's testimony was not essential...

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