Opinion
No. 1816.
December 17, 2009.
Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered October 14, 2008, which, in an action for personal injuries, upon reargument, denied, as untimely, defendant-appellant's motion for summary judgment dismissing the complaint as against him, unanimously affirmed, without costs.
Schiavetti, Corgan, DiEdwards and Nicholson, LLP, New York (Angela M. Ribaudo of counsel), for appellant.
The Arce Law Office, PLLC, Bronx (Michael Arce of counsel), for respondent.
Before: Gonzalez, P.J., Mazzarelli, Nardelli, Acosta and Román, JJ.
In a stipulation so-ordered by the court, any motions by defendants for summary judgment were to be "served and filed" by November 21, 2007, and that while appellant served its motion on November 21, it did not file it until November 30. Accordingly, appellant was required, but failed, to show good cause for the late filing ( Corchado v City of New York, 64 AD3d 429 ).