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KONE v. RITTER SYSCO FOOD SERVICE, INC.

15 A.D.3d 627 (2005)

789 N.Y.S.2d 902

SOULEYMANE KONE, Appellant, v. RITTER SYSCO FOOD SERVICE, INC., Respondent, et al., Defendant. (And Two Third-Party Actions.)

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

February 28, 2005.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated insofar as asserted against the defendant Ritter Sysco Food Service, Inc.

The Supreme Court improvidently exercised its discretion in considering the untimely motion of the defendant Ritter Sysco Food Service, Inc., for summary judgment in view of its failure to offer a satisfactory explanation for not serving...

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