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OREA v. NH HOTELS USA, INC.

Index No. 152367/13. Appeal No. 12009. Case No. 2019-4344.

187 A.D.3d 476 (2020)

133 N.Y.S.3d 252

2020 NY Slip Op 05587

Juan Carlos Orea, Respondent, v. NH Hotels USA, Inc., et al., Defendants, NH Jolly Madison Towers et al., Appellants-Respondents, and Transel Elevator and Electric Inc., Doing Business as TEI Group., Respondent-Appellant.

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

Decided October 8, 2020.

The motion court properly determined that the Jolly defendants' cross motion to dismiss plaintiff's complaint against them was untimely, as plaintiff was a nonmovant and the Jolly defendants did not show good cause for the delay (see CPLR 3212[a]; Kershaw v Hospital for Special Surgery, 114 A.D.3d 75, 83, 88 [1st Dept 2013]; Puello v Georges Units, LLC, 146 A.D.3d 561, 562 [1st Dept...

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