Ordered that the order is reversed, on the law, with costs, that branch of the defendant's motion which was, in effect, for leave to serve and file a late motion for summary judgment is denied, and that branch of the motion which was for summary judgment dismissing the complaint is denied as academic.
Contrary to the Supreme Court's conclusion, the defendant did not demonstrate good cause for its failure to timely serve and file its motion for summary judgment, as...
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