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JONES v. EON LABS, INC.

43 A.D.3d 711 (2007)

841 N.Y.S.2d 558

ANNA JONES et al., Respondents, v. EON LABS, INC., Appellant.

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

Decided September 18, 2007.

Defendant's motion, made some two years after the commencement of this action, and after significant progress in discovery, was untimely (see Anagnostou v Stifel, 204 A.D.2d 61 [1994]; Corines v Dobson, 135 A.D.2d 390, 392-393 [1987]). Defendant's purported excuse for waiting to assert this motion until codefendant Pfizer, Inc. had been dismissed from the case is unpersuasive. Pfizer's alleged...

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