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FERNANDEZ v. LARET

43 A.D.3d 347 (2007)

841 N.Y.S.2d 78

ANELL P. FERNANDEZ, Respondent, v. LINDA LARET et al., Appellants.

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

Decided August 23, 2007.

The motion court improperly denied the Laret defendants' motion for summary judgment as untimely, in view of the prior court order issued by another justice of coordinate jurisdiction extending their time to move for such relief (see Dondi v Jones, 40 N.Y.2d 8, 15 [1976]). On the merits, the Laret defendants established their entitlement to summary judgment both as to the claim of negligence and as to whether plaintiff suffered a...

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