Opinion
October 15, 1998
Appeal from the Supreme Court, New York County (Lorraine Miller, J.).
Defendants' motion for summary judgment was properly denied as untimely because it was filed more than 120 days from the effective date of CPLR 3212 (a) (as amended by L 1996, ch 492; see, Newman v. Keuhnelian, 248 A.D.2d 258, lv denied 92 N.Y.2d 804; Phoenix Garden Rest. v. Chu, 245 A.D.2d 164), and good cause for the delay in filing the motion was not shown ( see, Shmulevich v. Gabbidon, 253 A.D.2d 756; Borelli v. Gegaj, 248 A.D.2d 299). We note that there would appear to be factual issues as to whether plaintiff justifiably relied upon defendants' admissions of premises ownership in forbearing from suing the receiver.
Concur — Milonas, J.P., Rosenberger, Ellerin and Rubin, JJ.