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RAHMAN v. DOMBER

45 A.D.3d 497 (2007)

846 N.Y.S.2d 167

MOHAMMED Z. RAHMAN, Appellant, v. JENNA R. DOMBER et al., Defendants, and MATIUL ISLAM et al., Respondents.

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

Decided November 29, 2007.

Contrary to defendants' contention, the untimeliness of their summary judgment motion is properly before this Court, the issue having been included in plaintiff's notice of appeal (see Hale v Hale, 16 A.D.3d 231, 233 [2005]).

The motion was served 21 days after the 30-day deadline imposed for such dispositive motions in the case scheduling order. Defendants did not claim that they...

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