Plaintiff's post-note of issue summary judgment motion was not premature. If Fowler needed to conduct additional nonparty depositions in order to successfully oppose the motion, then it should have either deposed those witnesses during the nearly two years that discovery was open in this case or moved to vacate the note of issue on that basis. Fowler "cannot cite [its] own inaction as justification to deny" plaintiff's summary judgment motion (Judd v Vilardo,
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ESPINOZA v. FOWLER-DALEY OWNERS, INC.
8911, 305358/14.
171 A.D.3d 480 (2019)
95 N.Y.S.3d 793
2019 NY Slip Op 02635
Edgard Espinoza, Respondent, v. Fowler-Daley Owners, Inc., Appellant, et al., Defendants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided April 4, 2019.
Decided April 4, 2019.
Appellate Division of the Supreme Court of New York, First Department.
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