It is undisputed that defendants moved for summary judgment approximately 60 days after the date set by the court without seeking leave of the court or offering an explanation showing good cause for the delay. Defendants failed to seek an extension of time to file their motion or to proffer an excuse for their delay, doing so only in reply to plaintiff's opposition. Defendants also failed to move to vacate the note of issue. The
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CABIBEL v. XYZ ASSOCIATES, L.P.
36 A.D.3d 498 (2007)
828 N.Y.S.2d 341
ABDOU CABIBEL, Appellant, v. XYZ ASSOCIATES, L.P., et al., Defendants and Third-Party Plaintiffs-Respondents. L & L WINGS INC., Third-Party Defendant-Respondent.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided January 18, 2007.
Decided January 18, 2007.
Appellate Division of the Supreme Court of the State of New York, First Department.
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