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KERSHAW v. HOSPITAL FOR SPECIAL SURGERY

9655-, 150416/07, 9655A

114 A.D.3d 75 (2013)

978 N.Y.S.2d 13

2013 NY Slip Op 8548

BRUCE KERSHAW, Respondent-Appellant, v. HOSPITAL FOR SPECIAL SURGERY et al., Appellants-Respondents, and NEW YORK UNIVERSITY MEDICAL CENTER HOSPITAL FOR JOINT DISEASES, Respondent, et al., Defendant.

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

Decided December 24, 2013.

Attorney(s) appearing for the Case

Peltz & Walker, New York City ( Bhalinder L. Rikhye of counsel), for appellants-respondents.

Pollack, Pollack, Isaac & DeCicco, New York City ( Brian J. Isaac of counsel), and Shoshana T. Bookson , New York City, for respondent-appellant.

McAloon & Friedman, New York City ( Gina Bernardi Di Folco of counsel), for respondent.

ACOSTA and SAXE, JJ., concur with FEINMAN, J.; TOM, J.P., dissents in part in a separate opinion in which FREEDMAN, J., concurs.

OPINION OF THE COURT

FEINMAN, J.

Although raised in the context of a purported "cross motion," resolution of this appeal requires us to once again revisit the issue of untimely summary judgment motions. As defendant Hospital for Special Surgery (together with codefendants Frelinghuysen and Girardi, HSS) concedes, its cross motion was untimely, and it did not allege any good cause for its delay. Accordingly, the cross motion was properly denied, regardless...

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