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THOMAS v. TRIBORO MAINTENANCE CORP.

Index No. 31033/17, Appeal No. 1499, Case No. 2022-04807.

2024 NY Slip Op 00287

MILLICENT THOMAS ET AL., Plaintiffs-Respondents, v. TRIBORO MAINTENANCE CORPORATION, Defendant-Respondent, CHURCH OF ST. JOHN-VISITATION PARISH, Defendant-Appellant.

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

Decided January 23, 2024.

Attorney(s) appearing for the Case

Hardin, Kundla, McKeon & Poletto, P.A., New York ( Ari Reiser of counsel), for appellant.

Rubenstein & Rynecki, Brooklyn ( Harper A. Smith of counsel), for Millicent Thomas and Daniel Thomas, respondents.

Montfort, Healy, McGuire & Salley, LLP, Garden City ( James M. Murphy of counsel), for Triboro Maintenance Corp., respondent.

Before: Oing, J.P., Gesmer, Scarpulla, Rodriguez, Michael, JJ.

Order, Supreme Court, Bronx County (Elizabeth A. Taylor, J.), entered September 13, 2022, which denied Church of St. John—Visitation Parish's (St. John) motion for summary judgment dismissing the complaint and all cross-claims as against it, unanimously affirmed, without costs.

The motion court began its decision by discussing whether the lateness of plaintiff's service of the supplemental summons and amended complaint, which added St. John as a party, rendered...

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