Opinion
No. 570229/21
10-14-2022
Landau, P.C. f/k/a Morris J. Eisen, P.C. and Morris J. Eisen, Individually, Plaintiffs-Respondents, v. Lloyd Goldstein, Defendant-Appellant, and Kenneth F. Kaplan, Defendant.
Unpublished Opinion
PRESENT: Hagler, J.P., Tisch, Michael, JJ.
PER CURIAM.
Defendant Lloyd Goldstein, as limited by his briefs, appeals from so much of an order of the Civil Court of the City of New York, New York County (Sabrina B. Kraus, J.), dated March 25, 2020, which denied his motion for summary judgment dismissing all of plaintiffs' claims as time-barred.
Order (Sabrina B. Kraus, J.), dated March 25, 2020, affirmed, with $10 costs.
In this action to recover compensation for legal services pursuant to an alleged referral fee agreement, Civil Court properly denied defendant's Goldstein's (third) motion for summary judgment as untimely, since it was made three years after the filing of the note of issue, long past the statutory timeliness requirement of CPLR 3212(a), and defendant failed to "establish [ ] good cause for [his] belated filing" (Appleyard v Tigges, 171 A.D.3d 534, 536 [2019]). Moreover, defendant's motion violated the rule against successive summary judgment motions, since he previously sought summary judgment multiple times on the same grounds without "showing... newly discovered evidence or other sufficient justification" (Jones v 636 Holding Corp., 73 A.D.3d 409, 409 [2010]). We also note that many of defendant's contentions are unpreserved for appellate review.
All concur