A split New York state appeals panel Thursday reinstated a gay bias claim against fashion house Liz Claiborne, ruling that the lower court had erred in hearing and granting an untimely motion for summary judgment from the defendant.

The 3-2 panel of the Appellate Division, 1st Department, clashed over whether Manhattan Justice Jane S. Solomon erred when she waived her own rule requiring that summary judgment motions be brought within 60 days of the filing of a note of issue, declaring a case ready for trial.

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