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MAYER v. NEW YORK CITY TRANSIT AUTHORITY

39 A.D.3d 349 (2007)

833 N.Y.S.2d 476

GRACE MAYER, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents. R.A. GOTTLIEB, INC./SLATTERY, INC., a Joint Venture, Sued Herein as GOTTLIEB SKANSKA, INC., Third-Party Plaintiff, v. SHELDON ELECTRIC CO., INC., Third-Party Defendant-Respondent.

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

Decided April 17, 2007.

The Transit Authority showed good cause for the late filing of its motion (CPLR 3212 [a]), namely, the Clerk's rejection of its prior timely motion because of confusion over the proper caption, in part caused by plaintiff. Nor should the motion have been denied under CPLR 3212 (f) because of any lack of opportunity for plaintiff to take the deposition of third-party defendant Sheldon Electric, a subcontractor joined by Gottlieb...

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