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KENNY v. TURNER CONSTRUCTION COMPANY

603387/06, 4971, 590746/07, 590556/10, 590243/11, 4970.

155 A.D.3d 479 (2017)

65 N.Y.S.3d 17

2017 NY Slip Op 08090

PATRICIA KENNY, Respondent, v. TURNER CONSTRUCTION COMPANY et al., Defendants, and THE CORPORATE SOURCE, INC., Appellant. PATRICIA KENNY, Appellant, v. TURNER CONSTRUCTION COMPANY et al., Respondents, et al., Defendants. (And Third and Fourth-Party Actions.)

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

Decided November 16, 2017.

The court providently exercised its discretion in denying as untimely Corporate Source's motion for summary judgment dismissing the complaint as against it (see Brill v City of New York, 2 N.Y.3d 648 [2004]; CPLR 3212 [a]). Counsel's excuse that the attorney handling the matter had been on trial for two weeks does not constitute good cause, i.e., "a satisfactory explanation for the untimeliness...

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