JOSEPH v. BOARD OF EDUCATION OF THE CITY OF NEW YORK

6590, 6591, 27675/02

91 A.D.3d 528 (2012)

938 N.Y.S.2d 3

2012 NY Slip Op 306

ALTONA JOSEPH, Respondent, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK, Appellant.

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

Decided January 19, 2012.


Where the parties stipulated to a date for making a summary judgment motion and defendant inadvertently failed to append the "so ordered" version of the stipulation, the motion court improvidently exercised its discretion in finding the motion to be untimely. On the motion to renew, defendant provided a so-ordered version of a stipulation, offered a reasonable excuse for its failure to include the new evidence in the original motion (i.e., law office failure), and demonstrated...

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