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PIPPO v. CITY OF NEW YORK

43 A.D.3d 303 (2007)

842 N.Y.S.2d 367

LOUIS PIPPO, Respondent, v. CITY OF NEW YORK, Defendant, HUNTS POINT TERMINAL PRODUCE COOPERATIVE ASSOCIATION, INC., Appellant-Respondent, and KLEINMAN & HOCHSBERG, INC., et al., Respondents-Appellants. HUNTS POINT TERMINAL PRODUCE COOPERATIVE ASSOCIATION, INC., Third-Party Plaintiff-Appellant-Respondent, v. KLEINMAN & HOCHSBERG, INC., Third-Party Defendant-Respondent-Appellant.

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

Decided August 9, 2007.

The IAS court improperly exercised its discretion in rejecting the arguments of the corporate defendants that good cause existed for seeking summary judgment more than 120 days after the filing of the note of issue, inasmuch as, inter alia, plaintiff filed the note of issue after allowing his case to languish for years, and before any deposition or physical examination of him was conducted (see e.g. Pena v Women's Outreach Network...

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