Opinion
2003-01734.
December 1, 2003.
In an action, inter alia, to recover damages for breach of a commercial lease, the defendants appeal from an order of the Supreme Court, Westchester County (Rudolph, J.), dated November 18, 2002, which denied their motion for summary judgment dismissing the complaint.
Costello, Shea Gaffney, LLP, New York, N.Y. (Bradford Cooke of counsel), for appellants.
Gioffre Gioffre, P.C., Purchase, N.Y. (Lawrence D. Engle of counsel), for respondent.
Before: NANCY E. SMITH, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Under the circumstances of this case, the Supreme Court providently exercised its discretion in denying the defendants' belated motion for summary judgment as untimely ( see CPLR 3212[a]; Olzaski v. Locust Valley Central School District, 256 A.D.2d 320; cf. Chambers v. Maury Povich Show, 285 A.D.2d 440).
RITTER, J.P., FLORIO, SMITH and H. MILLER, JJ., concur.