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MORGAN v. CANDIA

2030, 17020/05

69 A.D.3d 500 (2010)

891 N.Y.S.2d 650

2010 NY Slip Op 398

JOHN A. MORGAN, Respondent, v. JUAN CRUZ CANDIA et al., Appellants, et al., Defendants.

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

Decided January 21, 2010.

The court properly accepted plaintiff's untimely papers in opposition to defendants' motion, as defendants did not suffer any prejudice (see Matter of Jordan v City of New York, 38 A.D.3d 336, 338 [2007]; Dinnocenzo v Jordache Enters., 213 A.D.2d 219 [1995]).

Viewing the evidence in the light most favorable to plaintiff, and allowing for the circumstance that he was unable to provide...

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