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ENCORE I, INC. v. KABCENELL

6197 157490/12.

160 A.D.3d 450 (2018)

71 N.Y.S.3d 348

2018 NY Slip Op 02413

Encore I, Inc., Plaintiff/Counterclaim Defendant-Respondent, v. Peter Kabcenell, Defendant/Counterclaim Plaintiff-Appellant. Greg Selig, Counterclaim Defendant-Respondent.

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

Decided April 5, 2018.

The motion court properly denied defendant's summary judgment motion on the basis that the motion was untimely filed (see Freire-Crespo v 345 Park Ave. L.P., 122 A.D.3d 501, 502 [1st Dept 2014]). Defendant filed his motion well after the deadline set down in the preliminary conference order of April 23, 2014; that filing deadline continued to control even after the matter was transferred to a successor justice in the same trial part...

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