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MARTINEZ v. ST-DIL LLC

Index No. 0304631/14. Appeal No. 13357. Case No. 2020-03112.

192 A.D.3d 511 (2021)

144 N.Y.S.3d 687

2021 NY Slip Op 01513

Victor Martinez, Respondent-Appellant, v. ST-DIL LLC et al., Respondents. The Liberty Blue Group LLC, Third-Party Plaintiff-Respondent, v. EM Windsor Construction Company, Inc., Third-Party Defendant-Appellant-Respondent. (And a Second-Third Party Action.)

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

Decided March 16, 2021.

Attorney(s) appearing for the Case

Devitt Spellman Barrett LLP, Smithtown ( Christi M. Kunzig of counsel), for appellant-respondent.

Gorayeb & Associates, P.C., New York ( John M. Shaw of counsel), for Victor Martinez, respondent-appellant.

Baxter Smith & Shapiro, P.C., Hicksville ( Robert C. Baxter of counsel), for St-Dil LLC, and The Liberty Blue Group, LLC, respondents.

Concur— Manzanet-Daniels, J.P., Mazzarelli, Mendez, Shulman, JJ.

Plaintiff's motion for summary judgment was timely, since it was served within 60 days of the note of issue's filing, in accordance with the Part's rules (see Hamilton v National Amusements, Inc., 177 A.D.3d 449 [1st Dept 2019] [timeliness of a motion is based on the date of service of the motion, not on the date of filing]; CPLR 2211; Gazes v Bennett, 38 A.D.3d 287 [1st Dept 2007]). EM Windsor's cross motion, while untimely...

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