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MIZELL v. EASTMAN & BIXBY REDEVELOPMENT CO., LLC

34 A.D.3d 770 (2006)

825 N.Y.S.2d 513

MICHELLE MIZELL, Appellant, v. EASTMAN & BIXBY REDEVELOPMENT CO., LLC, et al., Respondents.

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

Decided November 28, 2006.

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is denied.

Contrary to the defendants' contentions, Brill v City of New York (2 N.Y.3d 648 [2004]) applies to cases such as the present one, where a movant makes a motion for summary judgment after the expiration of a court-ordered deadline which is shorter than...

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