Opinion
No. 570293/17.
11-01-2017
LAW OFFICE OF ANGELA BARKER, LLC, Plaintiff–Respondent, v. June BROXTON, Defendant–Appellant.
Order (Carol R. Sharpe, J.), entered on March 28, 2017, modified by granting defendant an additional 60 days from service of a copy of this order with notice of entry to complete discovery; as modified, order affirmed, with $10 costs.
We find no abuse of discretion in the denial of defendant's untimely motion to strike the action from the calendar (see 22 NYCRR 208.17 [c]; see also Richardson v. Bloomingdale's, 157 A.D.2d 585 [1990] ). Nevertheless, in the particular circumstances present in this case, defendant shall be afforded one final 60–day period to complete discovery (see Richardson v. Bloomingdale's, 157 A.D.2d at 585 ; Ronel–Bennett, Inc. v. Consolidated Edison Co. of NY, 149 A.D.2d 678 [1991] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.