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ISOLABELLA v. SAPIR

7840, 108853/09, 7840A.

96 A.D.3d 427 (2012)

945 N.Y.S.2d 309

2012 NY Slip Op 4293

LODOVICO ISOLABELLA, Respondent, v. TAMIR SAPIR et al., Appellants.

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

June 5, 2012.

Defendants failed to demonstrate the requisite good cause for making a late motion for summary judgment (see CPLR 3212 [a]; Brill v City of New York, 2 N.Y.3d 648 [2004]). They claim the affirmative defenses of improper joinder (CPLR 1003) and plaintiff's failure to obtain leave to add them as new party defendants (CPLR 3025), but they waived these defenses by substantially participating...

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