The defendant's opposition to the plaintiffs summary judgment motion was due to be served no later than seven days prior to the return date, but the defendant served his opposition six days after the return date. The Appellate Division determined that the Supreme Court providently exercised its discretion in declining to consider the defendant's opposition, as the defendant failed to provide a valid excuse for the late service.
Deutsche Bank Natl. Trust Co. v. McEnery, NY Slip Op 05023 (2d Dep't September 22, 2021)
