Opinion
570863/03.
Decided October 15, 2004.
Defendant appeals from an order of the Civil Court of the City of New York, Bronx County, entered July 21, 2003 (George D. Salerno, J.) which denied his motion, inter alia, for summary judgment dismissing the complaint.
Order entered July 21, 2003 (George D. Salerno, J.) affirmed, with $10 costs.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM P. McCOOE, HON. MARTIN SCHOENFELD, Justices.
Defendant's motion for summary judgment, undisputedly filed five months after issuance of the notice of trial, was untimely (CPLR 3212[a]) and is not properly entertained in view of the defendant's failure to provide any reason for the delay ( see Brill v. City of New York, 2 NY3d 648). "[D]enying summary judgment — simply not considering the merits of an unexcused, untimely motion — is not only the correct remedy under the law but also will most effectively bring an undesirable practice to an end." ( Brill at 653-654, n. 4.)
This constitutes the decision and order of the court.