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ASTRAKAN v. CITY OF NEW YORK

11632. 306426/11.

184 A.D.3d 444 (2020)

125 N.Y.S.3d 709

2020 NY Slip Op 03276

Alexander Astrakan, Respondent, v. City of New York et al., Appellants, et al., Defendant.

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

Decided June 11, 2020.

Supreme Court improvidently exercised its discretion in denying the City's motion for summary judgment as untimely because it was made more than 60 days after the note of issue was filed, in violation of the court's part rules. In fact, at the time of the filing of the note of issue, and for more than 60 days thereafter, the case was assigned to a different part (see Gomez v Penmark Realty Corp., 50 A.D.3d 607 [1st Dept 2008]), and...

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