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Rampersad v. New York City Tr. Auth

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 2004
6 A.D.3d 687 (N.Y. App. Div. 2004)

Opinion

2003-05759.

Decided April 26, 2004.

In an action to recover damages for personal injuries, etc., the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Levine, J.), dated June 4, 2003, as denied that branch of their motion which was for summary judgment dismissing the complaint.

Wallace D. Gossett, Brooklyn, N.Y. (Lawrence Heisler of counsel), for appellants.

Robyn M. Brilliant, New York, N.Y. (Susan R. Nudelman of counsel), for respondents.

Before: FRED T. SANTUCCI, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, SANDRA L. TOWNES, JJ.


DECISION ORDER

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was for summary judgment is granted, and the complaint is dismissed.

It was an improvident exercise of the Supreme Court's discretion to deny the defendants' motion for summary judgment on the ground that it was made more than 120 days after the note of issue had been filed, since good cause for the delay was established ( see CPLR 3212 [a]).

Moreover, the defendants established their prima facie entitlement to summary judgment by showing that their alleged negligence implicated a governmental function, and that there was no special relationship between the parties ( see Nunez v. New York City Tr. Auth., 3 A.D.3d 481). Since the plaintiffs failed to raise a triable issue of fact in response to that showing, that branch of the motion which was for summary judgment dismissing the complaint should have been granted ( see Weiner v. Metropolitan Transp. Auth., 55 N.Y.2d 175).

SANTUCCI, J.P., KRAUSMAN, LUCIANO and TOWNES, JJ., concur.


Summaries of

Rampersad v. New York City Tr. Auth

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 2004
6 A.D.3d 687 (N.Y. App. Div. 2004)
Case details for

Rampersad v. New York City Tr. Auth

Case Details

Full title:SARIKA RAMPERSAD, ETC., ET AL., respondents, v. NEW YORK CITY TRANSIT…

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

Date published: Apr 26, 2004

Citations

6 A.D.3d 687 (N.Y. App. Div. 2004)
775 N.Y.S.2d 165