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FINE v. ONE BRYANT PARK, LLC

4806, 4806A, 302053/08.

84 A.D.3d 436 (2011)

921 N.Y.S.2d 524

SAMUEL FINE, Respondent, v. ONE BRYANT PARK, LLC, et al., Appellants, et al., Defendant.

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

Decided May 3, 2011.

It is undisputed that defendants failed to file the motion within the time period set by the assigned IAS judge. The motion court concluded that defendants failed to establish good cause for the delay in making the motion (see CPLR 3212 [a]; Brill v City of New York, 2 N.Y.3d 648, 652 [2004]). A motion court's exercise of its broad discretion in determining whether the moving party has established good cause for delay will...

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