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RIVERA v. CROTONA PARK E. BRISTOW ELSMERE

10407, 15555/05.

107 A.D.3d 550 (2013)

968 N.Y.S.2d 48

2013 NY Slip Op 4690

WANY'A RIVERA, an Infant, by His Mother and Natural Guardian, VENTESE HEWITT, et al., Respondents, v. CROTONA PARK EAST BRISTOW ELSMERE, Appellant.

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

Decided June 20, 2013.

Contrary to plaintiffs' contention, defendant's motion for summary judgment was not untimely, since the case was marked off the calendar by so-ordered stipulation to allow for the completion of discovery and had not yet been restored when defendant's motion was filed (Pena v Women's Outreach Network, Inc., 35 A.D.3d 104, 109 [1st Dept 2006]).

On the merits, defendant made a prima facie showing that the mold condition in plaintiffs...

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