Ordered that the order is reversed, on the law, with costs, that branch of the defendant's motion which was for leave to serve and file a late motion for summary judgment is denied and the motion is otherwise denied as academic.
The Supreme Court erred by, in effect, granting that branch of the defendant's motion which was for leave to serve and file a late motion for summary judgment, since the defendant failed to demonstrate good cause for not timely serving the...
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