HODZIC v. M. CARY, INC.

2015-02214. Index No. 5480/12.

151 A.D.3d 1034 (2017)

2017 NY Slip Op 05206

54 N.Y.S.3d 865

NIFA HODZIC, Respondent, v. M. CARY, INC., Defendant/Third-Party Plaintiff-Respondent, DIMENSIONAL DRYWALL & ACOUSTIC, Defendant/Third-Party Defendant-Appellant, and QUALITY CRAFT MARBLE TILE & STONE, INC., Defendant/Third-Party Defendant-Respondent.

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

Decided June 28, 2017.


Ordered that the order entered October 2, 2014, is affirmed, with one bill of costs.

The appellant's initial motion, inter alia, for summary judgment was denied as untimely in an order entered February 7, 2014, from which the appellant did not appeal. Thereafter, the appellant moved for leave to renew those branches of its motion which were for summary judgment, submitting deposition testimony that had been unavailable previously. The Supreme Court denied that motion...

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