Opinion
June 11, 1992
Appeal from the Supreme Court, New York County (Carol Arber, J.).
The predecessor IAS Judge rendered a decision granting in part plaintiff's motion for summary judgment. For some five months thereafter, neither party settled an order. Plaintiff explained that it had expected its adversary to react to the order by serving a new notice to cure without the procedural defect that was the basis for the partial grant of summary judgment, and also pointed out that neither party had solely prevailed. In the circumstances, we find no abuse of discretion by the IAS Court in granting plaintiff the relief requested (see, Madigan v. Klumpp, 173 A.D.2d 593).
Concur — Sullivan, J.P., Milonas, Ross, Asch and Kassal, JJ.