Opinion
02-09-2016
Cindy WINFIELD, Plaintiff–Respondent, v. MONTICELLO SENIOR HOUSING ASSOCIATES, Defendant–Appellant, John Crawford Housing For Senior Citizens, Inc., Defendant.
London Fischer LLP, New York (Myra Needleman of counsel), for appellant. Frekhtman & Associates, Brooklyn (Nikhil S. Agharkar of counsel), for respondent.
London Fischer LLP, New York (Myra Needleman of counsel), for appellant.
Frekhtman & Associates, Brooklyn (Nikhil S. Agharkar of counsel), for respondent.
Order, Supreme Court, New York County (Anil C. Singh, J.), entered April 9, 2015, which denied defendant Monticello Senior Housing Associates' motion for summary judgment as untimely, unanimously affirmed, without costs.
Supreme Court providently exercised its discretion in denying defendant's motion as untimely (Fine v. One Bryant Park, LLC, 84 A.D.3d 436, 437, 921 N.Y.S.2d 524 [1st Dept.2011] ). Defendant filed its motion after the deadline set forth in the April 6, 2012 preliminary conference order. That deadline is controlling, given that there is no subsequent order or directive explicitly providing otherwise (see Freire–Crespo v. 345 Park Ave. L.P., 122 A.D.3d 501, 502, 998 N.Y.S.2d 3 [1st Dept.2014] ). The action's conversion to e-filing on February 16, 2012, approximately two months before the order, does not warrant a different result. Further, Supreme Court properly determined that defendant failed to provide good cause for its delay in moving for summary judgment (see Brill v. City of New York, 2 N.Y.3d 648, 652–653, 781 N.Y.S.2d 261, 814 N.E.2d 431 [2004] ).
We have considered defendant's remaining contentions and find them unavailing.
MAZZARELLI, J.P., MOSKOWITZ, RICHTER, GISCHE, JJ., concur.