Opinion
9532N Index 162831/15
06-04-2019
357 W 54TH STREET LLC, Plaintiff–Respondent, v. Madalina IACOB, Defendant–Appellant.
Madalina Iacob, appellant pro se. Lawrence J. Silberman, P.C., New York (Lawrence J. Silberman of counsel), for respondent.
Madalina Iacob, appellant pro se.
Lawrence J. Silberman, P.C., New York (Lawrence J. Silberman of counsel), for respondent.
Acosta, P.J., Richter, Kapnick, Kahn, Kern, JJ.
Order, Supreme Court, New York County (Lucy Billings, J.), entered December 5, 2018, which denied defendant's motion for summary judgment dismissing the complaint and for sanctions, unanimously affirmed, without costs.
Defendant's motion was untimely and she failed to establish good cause for the delay ( CPLR 3212[a] ; Brill v. City of New York, 2 N.Y.3d 648, 652, 781 N.Y.S.2d 261, 814 N.E.2d 431 [2004] ). Even if the motion were timely, she failed to meet her prima facie burden of establishing that plaintiff fraudulently altered the sublease to remove her guarantor ( Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853, 487 N.Y.S.2d 316, 476 N.E.2d 642 [1985] ). In any event, defendant does not explain how, as a matter of law, the inclusion of a guarantor would totally shield her from liability for the fines incurred from her short-term rentals of the apartment.
We have considered defendant's remaining contentions and find them unavailing. We decline plaintiff's request to impose sanctions.