Borelli v. Gegaj

Full title: ANTHONY BORELLI, Respondent, v. PJETTER GEGAJ et al., Appellants

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

Date published: Mar 26, 1998

248 A.D.2d 299 (N.Y. App. Div. 1998)

670 N.Y.S.2d 90

Opinion

March 26, 1998

Appeal from the Supreme Court, Bronx County (Kenneth Thompson, J.).

Supreme Court properly denied defendants' motion for summary judgment as untimely since they failed to file their motion within 120 days after the effective date of the amendment to CPLR 3212 (a) and failed to establish "good cause" for the delay (L 1996, ch 492; Phoenix Garden Rest. v. Chu, 245 A.D.2d 164; Rodriguez v. New York City Health Hosps. Corp., 246 A.D.2d 174).

Concur — Ellerin, J. P., Wallach, Rubin, Andrias and Saxe, JJ.