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Riccardi v. CVS Pharmacy, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 2009
60 A.D.3d 838 (N.Y. App. Div. 2009)

Opinion

No. 2008-03607.

March 17, 2009.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Bayne, J.), dated March 12, 2008, which denied their motion for summary judgment as untimely.

McAndrew, Conboy Prisco, Woodbury, N.Y. (Mary C. Azzaretto and Craig Dolinger of counsel), for appellants.

Romagnolo Mingino, LLP, Staten Island, N.Y. (Michael J. Mingino and Jeff Berson of counsel), for respondent.

Before: Skelos, J.P., Ritter, Florio and Miller, JJ.


Ordered that the order is affirmed, with costs.

The Supreme Court directed the parties to file motions for summary judgment on or before December 10, 2007. The defendants did not file a motion for summary judgment until December 13, 2007. The defendants failed to show "good cause" for filing a late motion ( Brill v City of New York, 2 NY3d 648, 651; Jackson v Jamaica First Parking, LLC, 49 AD3d 501). Thus, the court properly denied the defendants' motion for summary judgment as untimely.


Summaries of

Riccardi v. CVS Pharmacy, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 2009
60 A.D.3d 838 (N.Y. App. Div. 2009)
Case details for

Riccardi v. CVS Pharmacy, Inc.

Case Details

Full title:STEVEN RICCARDI, Respondent, v. CVS PHARMACY, INC., et al., Appellants

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 17, 2009

Citations

60 A.D.3d 838 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 1970
874 N.Y.S.2d 381

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