Opinion
2001-01820
Submitted November 1, 2001.
December 10, 2001.
In an action to recover damages for personal injuries, the defendant RA Gottlieb/Slattery Associates appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Taylor, J.), dated January 4, 2001, as denied its motion, inter alia, for summary judgment dismissing the complaint insofar as asserted against it.
KOPFF, NARDELLI DOPF, LLP, New York, N.Y. (MARTIN B. ADAMS of counsel), for appellant.
MICHAEL A. CERVINI, Jackson Heights, N.Y. (ROBIN MARY HEANEY of counsel), for respondent.
Before: SONDRA MILLER, J.P., DANIEL F. LUCIANO, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court providently exercised its discretion in denying the appellant's motion for summary judgment as untimely (see, CPLR 3212[a]; Morhart v. City of New York, 267 A.D.2d 438; Caiola v. Allcity Ins. Co., 277 A.D.2d 273; cf., Gonzalez v. 98 Mag Leasing Corp., 95 N.Y.2d 124).
The appellant's remaining contentions are without merit.
S. MILLER, J.P., LUCIANO, SCHMIDT and SMITH, JJ., concur.