Roberts v. Conti Cleaners

—Order, Supreme Court, Bronx County (Howard Silver, J.), entered May 11, 1998, which, inter alia, denied the cross motion of defendant Conti Cleaners for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Defendant Conti’s cross motion for summary judgment was properly denied as untimely since it was made more than 120 days after the filing of the note of issue (see, CPLR 3212 [a]) *295and there was no showing of good cause warranting the motion’s consideration despite the delay (see, Rosario v Kenyon & Son, 258 AD2d 265). In any event, the motion would…