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CURIEL v. LOEWS CINEPLEX THEATERS, INC.

1607, 1607A, 102326/06

68 A.D.3d 415 (2009)

2009 NY Slip Op 8877

889 N.Y.S.2d 569

CAROLYN CURIEL, Appellant, v. LOEWS CINEPLEX THEATERS, INC., Respondent.

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

Decided December 1, 2009.

With respect to the first order, there has been no showing that the delay was willful, contumacious, or the result of bad faith, and, in the absence of any substantive prejudice to plaintiff caused by the delay, a conditional order was a proper exercise of discretion (see Gibbs v St. Barnabas Hosp., 61 A.D.3d 599, 600 [2009]). With respect to the second order, the motion court properly...

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