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PIZARRO v. DENNIS JAMES BOYLE, INC.

11124.

180 A.D.3d 596 (2020)

119 N.Y.S.3d 473

2020 NY Slip Op 01299

John Pizarro, Plaintiff, v. Dennis James Boyle, Inc., Defendant/Third-Party Plaintiff-Appellant, et al., Defendants. Complete Copper Works, Inc. Third-Party Defendant-Respondent.

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

Decided February 25, 2020.

The motion court providently exercised its discretion in considering the special employment and alter ego arguments raised by Complete Copper for the first time in its reply papers, having given Boyle the opportunity to respond to Complete Copper's arguments by way of a sur-reply and a motion for summary judgment (see Matter of Kennelly v Mobius Realty Holdings LLC, 33 A.D.3d 380, 381 [1st Dept 2006]; see also Sally v Keyspan...

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