Opinion
2001-02890
Submitted November 21, 2001
December 3, 2001.
In an action to recover damages for personal injuries, the defendant Ilona-Boris Cab appeals from an order of the Supreme Court, Queens County (Berke, J.), dated January 8, 2001, which denied as untimely its motion for summary judgment dismissing the complaint on the ground that neither of the plaintiffs sustained a serious injury within the meaning of Insurance Law § 5102(d).
Norman Volk Associates, P.C., New York, N Y (Michael I. Joseph of counsel), for appellant.
Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, WILLIAM D. FRIEDMANN, SANDRA J. FEUERSTEIN, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements..
A motion for summary judgment must be made within 120 days of the filing of a note of issue "except with leave of court on good cause shown" (CPLR 3212[a]; see, Gonzalez v. 98 Mag Leasing Corp., 95 N.Y.2d 124, 128-129; Olzaski v. Locust Val. Cent. School Dist., 256 A.D.2d 320, 321). The appellant's summary judgment motion, filed more than 120 days after the filing of the note of issue, was untimely. Moreover, it was made without leave of the court and without good cause shown for the delay (see, Torres v. Westchester Dental Services, 287 A.D.2d 710 [2d Dept., Oct. 29, 2001]; Clifford v. Harrow Stores, 274 A.D.2d 370, 371; Olzaski v. Locust Val. Cent. School Dist., supra). Accordingly, the Supreme Court providently exercised its discretion in denying the motion as untimely.
RITTER, J.P., GOLDSTEIN, FRIEDMANN, FEUERSTEIN and CRANE, JJ., concur.