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STEVENS v. RX MED. DYNAMICS, LLC

Index No. 650391/17. Appeal No. 13090. Case No. 2020-02291.

191 A.D.3d 487 (2021)

142 N.Y.S.3d 155

2021 NY Slip Op 00816

Arthur Stevens, Doing Business as Art Stevens LLC, Appellant, v. RX Medical Dynamics, LLC, et al., Respondents.

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

Decided February 9, 2021.

Attorney(s) appearing for the Case

Raymond Schwartzberg & Associates, PLLC, New York ( Raymond Schwartzberg of counsel), for appellant.

James J. DeCristofaro , New York, for respondents.

Concur—Manzanet-Daniels, J.P., Gische, González, Shulman, JJ.

The motion court providently exercised its discretion in considering defendants' motion for summary judgment, although it was filed one day late pursuant to court rules (see CPLR 3212[a]; Brill v City of New York, 2 N.Y.3d 648, 652 [2004]). In reply to plaintiff's timeliness argument, defendants showed good cause for the delay, explaining...

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