Opinion
Submitted February 23, 2000.
April 3, 2000.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Mastro , J.), dated April 9, 1999, which granted that branch of the motion of the defendant City of New York which was for summary judgment dismissing the complaint insofar as asserted against it.
Robert A. Hyman, P.C., Pleasantville, N.Y. (Jason Platt of counsel), for appellant.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow and John Hogrogian of counsel), for respondent.
DANIEL W. JOY, J.P., WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, that branch of the motion is denied, and the complaint is reinstated insofar as asserted against the City of New York.
CPLR 3212(a), as amended effective January 1, 1997, requires a motion for summary judgment to be made within 120 days after the filing of the note of issue, except with leave of court on good cause shown (see, CPLR 3212[a], as amended by L 1996, ch 492). Here, the motion was made well after the 120-day period , without any showing of good cause for the delay. Thus, the motion should have been denied (see, Morhart v. City of New York, 267 A.D.2d 438 [2d Dept., Dec. 27, 1999]; Anzalone v. Varis, 254 A.D.2d 381 ).