HERNANDEZ-ORTIZ v. 2 GOLD, LLC

8650, 158155/12.

170 A.D.3d 465 (2019)

96 N.Y.S.3d 18

2019 NY Slip Op 01669

Jose Hernandez-Ortiz et al., Appellants, v. 2 Gold, LLC, et al., Respondents, et al., Defendants.

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

Decided March 7, 2019.


The motion court exercised its discretion in a provident manner in excusing defendants' two-day delay in filing its summary judgment motion as they showed good cause for the delay based, inter alia, on the difficulties in obtaining an executed copy of their expert's affidavit, and plaintiffs were not prejudiced by the minor delay (see generally Brill v City of New York, 2 N.Y.3d 648 [2004]). Nor did the court improvidently exercise...

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