Opinion
January 20, 2000
Order, Supreme Court, New York County (Lorraine Miller, J.), entered on or about November 18, 1998, which, insofar as appealed from, denied defendants-appellants' motions for summary judgment as untimely, unanimously affirmed, with costs.
Denis C. Guerin, for Plaintiff-Respondent.
Sherie Wekstein, Robert F. McCarthy, and John S. McDonnell, for Defendants-Appellants.
Joy R. Simon, for Third-Party Defendant-Respondent.
ROSENBERGER, J.P., WILLIAMS, RUBIN, ANDRIAS, BUCKLEY, JJ.
The motions were properly denied because they were not made within 60 days after the filing of the note of issue as required by the preliminary conference order, and good cause for the delay was not shown (see, Borelli v. Gegaj, 248 A.D.2d 299).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.