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ORTIZ v. MAR-CAN TRANSP. CO., INC.

10847.

180 A.D.3d 515 (2020)

118 N.Y.S.3d 596

2020 NY Slip Op 01036

Rosalinda Ortiz, Appellant, v. Mar-Can Transportation Co., Inc., et al., Respondents.

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

Decided February 13, 2020.

The court providently exercised its discretion in granting defendants' motion to renew their summary judgment motion, in order to correct a procedural error by the court, which had overlooked a prior order by another justice precluding plaintiff from submitting opposition papers (see Kase v H.E.E. Co., 95 A.D.3d 568, 569 [1st Dept 2012]). Contrary to plaintiff's contention, defendants had a right to enforce the preclusion order,...

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