Khaimova v. Osnat Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Rothenberg, J.), dated December 18, 2003, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in *402entertaining the defendant’s belated motion for summary judgment since good cause was shown by the defendant pursuant to CPLR 3212 (a) (see Brill v City of New York, 2 NY3d 648 [2004]).
In the absence of evidence of a negligent…
2Cases cited7 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Brill v. City of New YorkNew York Court of Appeals · 2004
- Tomol v. Sbarro, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Becker v. Cortlandt Colonial Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
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