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ESDAILLE v. WHITEHALL REALTY COMPANY

61 A.D.3d 435 (2009)

878 N.Y.S.2d 3

MILCA ESDAILLE, Individually and as Mother and Natural Guardian of ALANNA VAUGHNS, an Infant, Appellant, v. WHITEHALL REALTY COMPANY et al., Respondents. (And Another Action.)

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

Decided April 7, 2009.

The court properly found that the motion for summary judgment was timely, as it was served within the time dictated by the court (see CPLR 2211; Gazes v Bennett, 38 A.D.3d 287 [2007]). The 10-day delay in re-noticing the motion was due to the Clerk's office rejection of the original motion papers because the case had been transferred to another part that required motions to be brought...

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