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AMERICAN TR. INS. CO. v. ESPINAL

Index No. 156303/19. Appeal No. 13963. Case No. 2020-04162.

195 A.D.3d 401 (2021)

144 N.Y.S.3d 586

2021 NY Slip Op 03399

American Transit Insurance Company, Respondent, v. Samuel O. Espinal, Appellant, et al., Defendants.

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

Decided June 1, 2021.

Attorney(s) appearing for the Case

The Tadchiev Law Firm, P.C., Fresh Meadows ( Simon B. Landsberg of counsel), for appellant.

Law Office of Daniel J. Tucker, Brooklyn ( Ethan A. Rothschild of counsel), for respondent.

Concur— Gische, J.P., Webber, Singh, Kennedy, JJ.

Espinal's opposition to the summary judgment motion was timely filed in accordance with CPLR 2214(b). Since the motion court granted plaintiff's motion on the ground that Espinal failed to submit opposition papers, and therefore did not reach the merits of the motion, the matter is remanded for the motion court to consider the merits of the summary judgment motion in the first instance (see Fomina v DUB Realty, LLC, 156 A.D.3d 539

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