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RICCARDI v. CVS PHARMACY, INC
Appellate Division of the Supreme Court of New York, Second Department.
Mar 17, 2009
Ordered that the order is affirmed, with costs.
The Supreme Court directed the parties to file motions for summary judgment on or before December 10, 2007. The defendants did not file a motion for summary judgment until December 13, 2007. The defendants failed to show "good cause" for filing a late motion ( Brill v City of New York, 2 NY3d 648, 651; Jackson v Jamaica First Parking, LLC, 49 AD3d 501). Thus, the court properly denied the defendants' motion for summary judgment as untimely.
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