Nationwide Postal Management v. BMW Financial Services, N. A.

Appellate Division of the Supreme Court of New York

Nationwide Postal Management v. BMW Financial Services, N. A.

280 A.D.2d 589, 720 N.Y.S.2d 805, 2001 N.Y. App. Div. LEXIS 1618

Appellate Division of the Supreme Court of the State of New York·Decided February 20, 2001·Published

Opinion

—In an action to recover damages for fraud and the intentional infliction of emotional distress, the defendant appeals from an order of the Supreme Court, Nassau County (Lally, J.), dated February 16, 2000, which denied its motion for summary judgment dismissing the complaint and on its counterclaim.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the defendant’s motion for summary judgment as untimely (see, CPLR 3212 [a]; Clifford v Harrow Stores, 274 AD2d 370; Gonzalez v 98 Mag Leasing Corp., 95 NY2d 124; Welch Foods v Wilson, 277 AD2d 882). Bracken, Acting P. J., Altman, Goldstein and McGinity, JJ., concur.

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—In an action to recover damages for fraud and the intentional infliction of emotional distress, the defendant appeals from an order of the Supreme Court, Nassau County (Lally, J.), dated February 16, 2000, which denied its motion for summary judgment dismissing the complaint and on its counterclaim.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the defendant’s motion for summary judgment as untimely (see, CPLR 3212 [a]; Clifford v Harrow Stores, 274 AD2d 370; Gonzalez v 98 Mag Leasing Corp., 95 NY2d 124; Welch Foods v Wilson, 277 AD2d 882). Bracken, Acting P. J., Altman, Goldstein and McGinity, JJ., concur.

Nationwide Postal Management v. BMW Financial Services, N. A., 280 A.D.2d 589, 720 N.Y.S.2d 805, 2001 N.Y. App. Div. LEXIS 1618 (N.Y. Ct. App. 2001).

Pincite

280 A.D.2d 589 (Nationwide Postal Management v. BMW Financial Services, N. A.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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