HOWLADER v. LUCKY STAR GROCERY, INC.

2014-11194. Index No. 22338/08.

153 A.D.3d 610 (2017)

57 N.Y.S.3d 429

2017 NY Slip Op 06067

SHUDHA HOWLADER, as Administrator of the Estate of SURANJON HOWLANDER, Also Known as SURAJAN HOWLANDER and Another, Deceased, Appellant, v. LUCKY STAR GROCERY, INC., Defendant, and 2100 WHITE PLAINS ROAD CORP. et al., Respondents.

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

Decided August 9, 2017.


Ordered that the order is affirmed, with one bill of costs.

"CPLR 1021 requires a motion for substitution to be made within a reasonable time" (McDonnell v Draizin, 24 A.D.3d 628, 628 [2005]; see Reed v Grossi, 59 A.D.3d 509, 511 [2009]). "The determination of reasonableness requires consideration of several factors, including the diligence of the party seeking substitution, the...

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