The motion court providently exercised its discretion in considering the third-party defendant's arguments raised by for the first time in its reply papers, having given the defendant the opportunity to respond to those arguments by way of a sur-reply and a motion for summary judgment.
Pizarro v. Dennis James Boyle, Inc., NY Slip Op 01299 (1st Dep't February 25, 2020)
Here is the decision.
