Opinion
May 25, 1999
Appeal from the order, Supreme Court, Bronx County (Howard Silver, J.).
Defendant Conti's cross motion for summary judgment was properly denied as untimely since it was made more than 120 days after the filing of the note of issue ( see, CPLR 3212 [a]) and there was no showing of good cause warranting the motion's consideration despite the delay ( see, Rosario v. Kenyon Son, 258 A.D.2d 265). In any event, the motion would have been properly denied on the merits, since the record in this slip and fall case raises issues of fact as to whether snow was removed by Conti and as to whether such removal created or increased the hazard alleged to have resulted in plaintiff's injuries ( see, Jiuz v. City of New York, 244 A.D.2d 298; Glick v. City of New York, 139 A.D.2d 402).
Concur — Ellerin, P. J., Rosenberger, Williams, Andrias and Saxe, JJ.