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TRAVELERS INDEM. CO. v. AA KITCHEN CABINET & STONE SUPPLY, INC.

2012-01372.

106 A.D.3d 812 (2013)

964 N.Y.S.2d 634

2013 NY Slip Op 3322

TRAVELERS INDEMNITY COMPANY, Appellant, v. AA KITCHEN CABINET & STONE SUPPLY, INC., Respondent, et al., Defendant.

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

Decided May 8, 2013.

Ordered that the order is affirmed insofar as appealed from, with costs.

As an initial matter, the Supreme Court properly considered the merits of the cross motion for summary judgment by the defendant AA Kitchen Cabinet & Stone Supply, Inc. (hereinafter AA Kitchen). Although the cross motion was untimely, the court may consider an untimely cross motion for summary judgment where, as here, a timely motion for summary...

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