Pantojas v. Niang

Order, Supreme Court, Bronx County (Faviola A. Soto, J.), entered September 16, 2013, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

The motion for summary judgment should have been denied, as defendant made the motion more than 120 days after the note of issue was filed, and he failed to show good cause for doing so (CPLR 3212 [a]; Miceli v State Farm Mut. Auto. Ins. Co., 3 NY3d 725 [2004]; Brill v City of New York, 2 NY3d 648, 652 [2004]). In any event, defendant failed to establish prima…