Bivona v. Bob's Discount Furniture of NY, LLC

The plaintiffs commenced this action, inter alia, to recover damages for negligence after purchasing a couch from the defendant that allegedly was infested with bedbugs. The defendant served and filed a motion for summary judgment dismissing the complaint on or about October 4, 2010, more than 120 days after the filing of the note of issue March 30, 2010. In an order dated April 22, 2011, the Supreme Court denied the defendant’s motion as untimely. We affirm.

“In the absence of a showing of good cause for the delay in filing a motion for summary judgment, ‘the court has no discretion to…