Opinion
Argued March 10, 2000.
April 24, 2000.
In an action to recover damages for personal injuries, etc., the defendant Close Up Foundation appeals from an order of the Supreme Court, Queens County (Golar, J.), dated July 15, 1999, which denied its motion for summary judgment dismissing the complaint and any cross claims insofar as asserted against it.
Steven L. Sidney, Nesconset, N.Y. (Ann K. Kandel of counsel), for appellant.
Dansker Aspromonte Associates, New York, N.Y. (Jonathan O. Heller of counsel), for plaintiffs-respondents.
GLORIA GOLDSTEIN, J.P., ANITA R. FLORIO, SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Contrary to the appellant's contention, the Supreme Court providently exercised its discretion in denying its motion as untimely (see, Morhart v. City of New York, 267 A.D.2d 438 [2d Dept., Dec. 27, 1999]).