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FAÇADE TECH., LLC v. CNY CONSTR. 701 LLC

Index No. 653587/19. Appeal No. 14904. Case No. 2020-04934.

200 A.D.3d 607 (2021)

155 N.Y.S.3d 783

2021 NY Slip Op 07509

Façade Technology, LLC, et al., Appellants, v. CNY Construction 701 LLC et al., Respondents, et al., Defendants.

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

Decided December 28, 2021.

Attorney(s) appearing for the Case

Cohen Seglias Pallas Greenhall & Furman PC, New York ( Jason A. Copley and Gary J. Repke, Jr. of counsel), for appellants.

Dreifuss Bonacci & Parker, PC, New York ( JoAnne M. Bonacci of counsel), for respondents.

Concur—Kern, J.P., Moulton, Mendez, Shulman, Higgitt, JJ.

Plaintiff's motion for class certification should not have been denied as untimely because plaintiff demonstrated good cause under CPLR 2004 for its brief, nonprejudicial delay in moving (see Gerard v Clermont York Assoc. LLC, 143 A.D.3d 478 [1st Dept 2016]; Galdamez v Biordi Constr. Corp., 50 A.D.3d 357 [1st Dept 2008]). Accordingly, we remand the matter for consideration of the merits...

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