DABROWSKI v. ABAX INC.

106778/07. Appeal No. 15822. Case No. 2021-02907.

204 A.D.3d 605 (2022)

165 N.Y.S.3d 304

2022 NY Slip Op 02868

Jerzy Dabrowski et al., Respondents, v. Abax Incorporated et al., Appellants.

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

Decided April 28, 2022.


Attorney(s) appearing for the Case

Milman Labuda Law Group PLLC, Lake Success ( Netanel Newberger of counsel), for ABAX Incorporated, appellant.

Bernard Kobroff , Scarsdale, for John Bleckman and Edward Monaco, appellants.

Virginia & Ambinder, LLP, New York ( LaDonna M. Lusher of counsel), for respondents.

Concur—Webber, J.P., Friedman, Oing, Kennedy, JJ.


The court providently exercised its discretion in denying defendants' request for an extension of time to file pretrial dispositive motions. Defendants' argument that they established good cause for delay in filing a motion for summary judgment (see CPLR 3212[a]) is improperly raised for the first time on appeal (see Vanship Holdings Ltd. v Energy Infrastructure Acquisition Corp., 65 A.D.3d 405, 408-409 [1st...

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