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LOPEZ v. METROPOLITAN TR. AUTH.

Index No. 162233/15. Appeal No. 13111. Case No. 2019-05080.

191 A.D.3d 508 (2021)

138 N.Y.S.3d 327

2021 NY Slip Op 00910

Juan Lopez, Respondent, v. Metropolitan Transit Authority et al., Appellants.

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

Decided February 11, 2021.

Attorney(s) appearing for the Case

Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success ( Jonathan P. Shaub of counsel), for appellants.

Hill & Moin LLP, New York ( Cheryl R. Eisberg Moin of counsel), for respondent.

Concur— Acosta, P.J., Kapnick, Singh, Mendez, JJ.

Defendants' motion for summary judgment was timely since it was filed within the time period provided in the preliminary conference order. That deadline is controlling, despite the transfer to another Justice with part rules shortening the time, given no subsequent order or directive explicitly providing otherwise (see Encore I, Inc. v Kabcenell, 160 A.D.3d 450 [1st Dept 2018]; Freire-Crespo v 345 Park Ave. L.P.,

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