Opinion
10-13-2016
Lisa CULLITY, Plaintiff–Appellant, v. Fred POSNER, et al., Defendants–Respondents.
Profeta & Eisenstein, New York (Fred R. Profeta, Jr. of counsel), for appellant. The Braunstein Law Firm, PLLC, New City (Michael L. Braunstein of counsel), for respondents.
Profeta & Eisenstein, New York (Fred R. Profeta, Jr. of counsel), for appellant.
The Braunstein Law Firm, PLLC, New City (Michael L. Braunstein of counsel), for respondents.
Order, Supreme Court, New York County (Paul Wooten, J.), entered July 9, 2015, which, insofar as appealed from as limited by the briefs, granted defendants' motion for summary judgment dismissing plaintiff's cause of action for third-party promissory estoppel, unanimously reversed, on the law, without costs, and the motion denied.
The motion should have been denied as untimely. The motion court's rules required dispositive motions to be filed within 60 days of the filing of a note of issue. Defendant filed the motion papers nine days after the time to do so had expired, rendering the motion untimely (see CPLR 3212[a] ; Brill v. City of New York, 2 N.Y.3d 648, 781 N.Y.S.2d 261, 814 N.E.2d 431 [2004] ; Connolly v. 129 E. 69th St. Corp., 127 A.D.3d 617, 618, 7 N.Y.S.3d 889 [1st Dept.2015] ). Defendants' failure to address the missed filing deadline or offer, let alone show, good cause for the delay in filing, is fatal to their motion (see Rahman v. Domber, 45 A.D.3d 497, 497, 846 N.Y.S.2d 167 [1st Dept.2007] ).
FRIEDMAN, J.P., RICHTER, FEINMAN, KAPNICK, KAHN, JJ., concur.