From Casetext: Smarter Legal Research

Kone v. Ritter Sysco Food Service, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 2005
15 A.D.3d 627 (N.Y. App. Div. 2005)

Opinion

2004-01938.

February 28, 2005.

In an action to recover damages for assault and negligent hiring, the plaintiff appeals from an order of the Supreme Court, Kings County (Hurkin-Torres, J.), dated January 30, 2004, which granted the motion of the defendant Ritter Sysco Food Service, Inc., for summary judgment dismissing the complaint insofar as asserted against it.

Before: Prudenti, P.J., S. Miller, Ritter and Goldstein, JJ., concur.


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated insofar as asserted against the defendant Ritter Sysco Food Service, Inc.

The Supreme Court improvidently exercised its discretion in considering the untimely motion of the defendant Ritter Sysco Food Service, Inc., for summary judgment in view of its failure to offer a satisfactory explanation for not serving the motion within 120 days of the filing of the note of issue as required by CPLR 3212 (a) ( see Brill v. City of New York, 2 NY3d 648).

In light of our determination, we need not address the plaintiff's remaining contention.


Summaries of

Kone v. Ritter Sysco Food Service, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 2005
15 A.D.3d 627 (N.Y. App. Div. 2005)
Case details for

Kone v. Ritter Sysco Food Service, Inc.

Case Details

Full title:SOULEYMANE KONE, Appellant, v. RITTER SYSCO FOOD SERVICE, INC.…

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

Date published: Feb 28, 2005

Citations

15 A.D.3d 627 (N.Y. App. Div. 2005)
789 N.Y.S.2d 902

Citing Cases

Milano v. George

The appellant's motion for summary judgment was made on April 9, 2004, one day past that deadline. Because…

Calle v. Sullivan Farms II, Inc.

The Appellate Division further upheld the trial court's denial of a motion for summary judgment that was made…