RITCHIE v. FELIX ASSOCIATES, LLC


60 A.D.3d 402 (2009)

873 N.Y.S.2d 628

BRIAN RITCHIE et al., Respondents, v. FELIX ASSOCIATES, LLC, et al., Appellants, et al., Defendants. (and a Third-Party Action.)

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

Decided March 3, 2009.


The court providently exercised its discretion in granting plaintiffs' motion (see General Municipal Law § 50-e [6]). Although three years passed between the date of the accident and the subject motion, the record does not demonstrate any lack of good faith on plaintiffs' part. Furthermore, given that discovery in this action has not commenced, defendants fail to demonstrate any actual prejudice, nor is there any apparent prejudice to them given the non-transitory...

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