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BEJARANO v. CITY OF NEW YORK

18 A.D.3d 681 (2005)

795 N.Y.S.2d 732

PROVIDENCIA BEJARANO et al., Respondents, v. CITY OF NEW YORK, Respondent, and NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

May 23, 2005.

The defendant New York City Transit Authority (hereinafter the NYCTA) cross-moved for leave to file a summary judgment motion approximately 10 months after the note of issue was filed, and maintained that the late filing was due to its large caseload. The NYCTA also maintained that the cross motion was meritorious and that the plaintiffs would not be prejudiced by its late filing. The Supreme Court, in effect, granted the NYCTA leave and denied its cross motion, finding that...

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