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FITZPATRICK v. FITZPATRICK

26 A.D.3d 302 (2006)

810 N.Y.S.2d 61

JENNIFER FITZPATRICK et al., Respondents, v. MAUREEN FITZPATRICK, Respondent, and ERIKA BAIN et al., Appellants, et al., Defendants.

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

February 28, 2006.

The court improvidently exercised its discretion in denying summary judgment on the ground that the motion was untimely and good cause had not been shown for the delay (see CPLR 3212 [a]; cf. Brill v. City of New York, 2 N.Y.3d 648, 652 [2004]). The motion was accompanied by an adequate explanation for the delay.

The conflicting evidence that the plaintiff children were abused and neglected in the foster home, and...

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