Opinion
2012-02-7
Richard BUFFOLINO, plaintiff-respondent, v. CITY OF NEW YORK, defendant-respondent,Stephanie Cho, appellant.
Farber Brocks & Zane LLP, Mineola, N.Y. (Braden H. Farber and Tracy L. Frankel of counsel), for appellant. Scott Baron & Associates, P.C., Howard Beach, N.Y. (John J. Burnett of counsel), for plaintiff-respondent.
Farber Brocks & Zane LLP, Mineola, N.Y. (Braden H. Farber and Tracy L. Frankel of counsel), for appellant. Scott Baron & Associates, P.C., Howard Beach, N.Y. (John J. Burnett of counsel), for plaintiff-respondent.
In an action to recover damages for personal injuries, the defendant Stephanie Cho appeals from an order of the Supreme Court, Queens County (Kerrigan, J.), entered April 5, 2011, which denied, as untimely, her motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against her.
ORDERED that the order is affirmed, with costs.
The Supreme Court properly denied, as untimely, the summary judgment motion of the defendant Stephanie Cho, which was made returnable six days beyond the deadline fixed by the Supreme Court in a so-ordered stipulation dated November 30, 2010, as she failed to demonstrate good cause for the delay ( see CPLR 2004, 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; Van Dyke v. Skanska USA Civ. Northeast, Inc., 83 A.D.3d 1049, 921 N.Y.S.2d 544).
In light of the foregoing, we need not reach the parties' remaining contentions.