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NOLAN v. J.C.S. REALTY, LLC

3747, 400046/07.

79 A.D.3d 414 (2010)

910 N.Y.S.2d 906

MICHAEL NOLAN, Appellant, v. J.C.S. REALTY, LLC, Respondent, et al., Defendants. (And a Third-Party Action.)

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

Decided December 2, 2010.

The record demonstrates that defendant timely served its motion (see Azcona v Salem, 49 A.D.3d 343 [2008]). In any event, the motion court could consider the motion to the extent that it addressed the same issues that were the subject of defendant TeleVast's undisputedly timely motion (Wilinski v 334 E. 92nd Hous. Dev. Fund Corp., 71 A.D.3d 538, 540 [2010]).

Defendant demonstrated...

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