Under the circumstances, where the Stevens' estate's timely motion for summary judgment was still pending and had not yet been submitted due to several adjournments, counsel's explanation for the untimeliness of Gossard's cross-motion for the same relief was adequate, and the motion should have been considered on its merits in the interest of judicial economy, where it would possibly dispose of a determinative issue prior to trial, and in the absence of any demonstration of prejudice by plaintiffs. Finally, as to defendant estate, despite this Court's earlier affirmances of previous denials of summary judgment ( 143 A.D.2d 1074; 237 A.D.2d 224), it is clear that plaintiff's claims against the late Mr. Stevens are barred pursuant to the doctrine of collateral estoppel by the subsequent finding that Ms. Makarova was an employee of defendant Kennedy Center, the producer (Makarova v. United States, 201 F3d 110). The unpublished decision and order herein on June 13, 2002 is hereby recalled and vacated. THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.