Gonzalez v. 98 Mag Leasing Corp.

Full title: INOCENTE GONZALEZ, Appellant, v. 98 MAG LEASING CORP. et al., Respondents…

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

Date published: May 17, 1999

261 A.D.2d 508 (N.Y. App. Div. 1999)

687 N.Y.S.2d 908

Opinion

May 17, 1999

Appeal from the Supreme Court, Kings County (Bruno, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly addressed the merits of the cross motion, notwithstanding that it was made more than 120 days after the filing of the note of issue ( see, CPLR 3212 [a]; Quinlan v. Kaufman, 258 A.D.2d 453). Moreover, the Supreme Court properly granted that branch of the cross motion which was for summary judgment dismissing the complaint, based on the testimony by the sole eyewitness to the accident and the absence of any evidence of negligence by the defendants ( see, Kiernan v. Hendrick, 116 A.D.2d 779, 780-781).

S. Miller, J. P., Sullivan, Friedmann, Luciano and Feuerstein, JJ., concur.