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HERNANDEZ v. 35-55 73RD STREET, LLC

2011-02642.

90 A.D.3d 709 (2011)

934 N.Y.S.2d 332

2011 NY Slip Op 9092

JOHANNA HERNANDEZ, Respondent, v. 35-55 73RD STREET, LLC, et al., Appellants.

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

Decided December 13, 2011.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable by the appellants to the plaintiff.

The Supreme Court correctly denied, as untimely, the summary judgment motion of the defendant 35-55 73rd Street, LLC, and the separate summary judgment motion of the defendant A&S Tile & Marble, Inc., which were made returnable 12 and 54 days, respectively, beyond the deadline fixed by the Supreme Court in a so-ordered stipulation...

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