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MAYORQUIN v. CARRIAGE HOUSE OWNER'S CORP.

Index No. 302669/14E. Appeal No. 15311. Case No. 2020-03050.

202 A.D.3d 541 (2022)

2022 NY Slip Op 00971

Carlos Mayorquin, Respondent, v. Carriage House Owner's Corp. et al., Appellants. (And a Third-Party Action.).

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

Decided February 15, 2022.

Attorney(s) appearing for the Case

Furman Kornfeld & Brennan LLP, New York ( Andrew S. Kowlowitz of counsel), for Carriage House Owner's Corp., appellant.

Fuchs Rosenzweig PLLC, New York ( Valerie Prizimenter of counsel), for Advanced Carpentry Corp, appellant.

Fullerton Beck LLP, White Plains ( Edward J. Guardaro of counsel), for M & A Projects, Inc., appellant.

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

Concur—Kern, J.P., Oing, Singh, Moulton, González, JJ.

Plaintiff's motion was timely despite the passage of the 120-day period, as the note of issue was ultimately vacated, and the case restored to its "pre-note of issue status" (Matos v City of New York, 154 A.D.3d 532, 533 [1st Dept 2017]). Defendants' challenges to the propriety of plaintiff's reason for the vacatur, and moving for summary judgment on liability, are unavailing, in view of the parties' signed so-ordered stipulation...

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