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Sheppard Mullin Richter & Hampton LLP | USA | 27 Jan 2011

Untimely filing of motion to dismiss does not warrant automatic dismissal where motion is meritorious and opposing party will not be prejudiced

In Brown, et al. v. Noble, Inc., et al., Index No. 6008762010 (Sup. Ct., NY County, Dec. 2, 2010) (“Brown v. Noble”), Justice Bernard Fried granted defendant Thomas Caruso’s (“Caruso”) motion to dismiss plaintiffs Robert Brown and RB Group LLC’s (“Plaintiffs”) complaint, even though the Motion was filed approximately 1 week late.

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