Legal Opinion
Jackson v. Jamaica First Parking, LLC
Appellate Division of the Supreme Court of the State of New York
Decided March 4, 2008PublishedCited by 7 opinions
1Opinion of the Court
The Supreme Court correctly denied the appellant’s motion as untimely, as the appellant failed to demonstrate “good cause” for making its motion after the 120-day deadline imposed by CPLR 3212 (a) had passed (see Brill v City of New York, 2 NY3d 648 [2004]; Coty v County of Clinton, 42 AD3d 612 [2007]). The record contains no proof that outstanding discovery prevented the appellant from making a timely motion for summary judgment (see Espejo v Hiro Real Estate Co., 19 AD3d 360 [2005]).
In light of our determination, we need not reach the appellant’s remaining contentions. Mastro, J.E, Florio,…
2Cases cited3 opinions
- Brill v. City of New YorkNew York Court of Appeals · 2004
- Coty v. County of ClintonAppellate Division of the Supreme Court of the State of New York · 2007
- Espejo v. Hiro Real Estate Co.Appellate Division of the Supreme Court of the State of New York · 2005
3Cited by7 opinions
- Courtview Owners Corp. v. Courtview Holding B.V.Appellate Division of the Supreme Court of the State of New York · 2014
- Riccardi v. CVS Pharmacy, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Anderson v. KantaresAppellate Division of the Supreme Court of the State of New York · 2008
- Van Dyke v. Skanska USA Civil Northeast, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Hernandez v. 35-55 73rd Street, LLCAppellate Division of the Supreme Court of the State of New York · 2011
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