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DiDOMENICO v. KOCUR

2015-05961, Index No. 18767/12.

140 A.D.3d 691 (2016)

30 N.Y.S.3d 911

2016 NY Slip Op 04171

HEATHER J. DiDOMENICO, Appellant, v. ANNE KOCUR, Individually and as Administratrix of the Estate of PAUL J. KOCUR, Deceased, Respondent.

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

Decided June 1, 2016.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

The plaintiff's contention that the Supreme Court should not have considered the defendant's motion for summary judgment because it was untimely is without merit (see generally Miceli v State Farm Mut. Auto. Ins. Co., 3 N.Y.3d 725, 727 [2004]; Brill v City of New York,

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