The Civil King adjournment stipulation is not sacrosanctSeptember 8, 2017

New Millennium Med. Imaging, P.C. v American Tr. Ins. Co., 2017 NY Slip Op 51088(U)(App. Term 2d Dept. 2017)

“Contrary to plaintiff’s contention on appeal, the Civil Court did not improvidently exercise its discretion in considering defendant’s late opposition papers (see CPLR 2004), which raised a triable issue of fact as to whether the claims had been timely denied.”

This is a good decision, especially since the Second Department case law (see my post from last month) encourages courts to exercise their discretion to extend the time to serve and file papers in the absence of prejudice.

One Response

  1. Damin Toell says:

    There was no adjournment stipulation in this case.

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