Summary
In Jackson v Jamaica First Parking, LLC (49 AD3d 501), the court affirmed a Supreme Court, Queens County order which denied summary judgment as untimely for failure to demonstrate "good cause" for delay after the 120-day deadline imposed by CPLR Rule 3212(a).
Summary of this case from Ramos V VornadoOpinion
No. 2006-11951.
March 4, 2008.
In an action to recover damages for personal injuries, the defendant Jamaica First Parking, LLC, appeals from an order of the Supreme Court, Queens County (Flug, J.), dated October 6, 2006, which denied, as untimely, its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.
Friedman, Harfenist, Langer Kraut, LLP, Lake Success, N.Y. (Steven J. Harfenist, Andrew C. Lang, and Heather L. Smar of counsel), for appellant.
Jacoby Meyers, LLP, Newburgh, N.Y. (Finkelstein Partners [Kara Campbell] of counsel), for plaintiff-respondent.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Kristin M. Helmers and Janet L. Zaleon of counsel), for defendant-respondent.
Before: Mastro, J.P., Florio, Miller and Dickerson, JJ.
Ordered that the order is affirmed, with one bill of costs.
The Supreme Court correctly denied the appellant's motion as untimely, as the appellant failed to demonstrate "good cause" for making its motion after the 120-day deadline imposed by CPLR 3212 (a) had passed ( see Brill v City of New York, 2 NY3d 648; Coty v County of Clinton, 42 AD3d 612). The record contains no proof that outstanding discovery prevented the appellant from making a timely motion for summary judgment ( see Espejo v Hiro Real Estate Co., 19 AD3d 360).
In light of our determination, we need not reach the appellant's remaining contentions.