Prato v Arzt, 2010 NY Slip Op 09550 (App. Div., 1st 2010)
Defendant's argument that the court improperly declined to reject plaintiff's opposition to his motion as untimely pursuant to CPLR 2214(b) is misguided. The issue was addressed and resolved by the motion court, which granted defendant's request for an opportunity to file a reply. More importantly, defendant has not shown that he suffered any prejudice as a result of the court's acceptance of plaintiff's late opposition papers (see Dinnocenzo v Jordache Enters., 213 AD2d 219 ).