Legal Opinion
Borelli v. Gegaj
Appellate Division of the Supreme Court of the State of New York
Decided March 26, 1998PublishedCited by 9 opinions
1Opinion of the Court
—Order, Supreme Court, Bronx County (Kenneth Thompson, J.), entered on or about September 10, 1997, which denied defendants’ motion for summary judgment as untimely, unanimously affirmed, with costs.
Supreme Court properly denied defendants’ motion for summary judgment as untimely since they failed to file their motion within 120 days after the effective date of the amendment to CPLR 3212 (a) and failed to establish “good cause” for the delay (L 1996, ch 492; Phoenix Garden Rest, v Chu, 245 AD2d 164; Rodriguez v New York City Health & Hosps. Corp., 245 AD2d 174).
Concur — Ellerin, J. P.,…
2Cases cited2 opinions
- Phoenix Garden Restaurant, Inc. v. ChuAppellate Division of the Supreme Court of the State of New York · 1997
- Rodriguez v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1997
3Cited by9 opinions
- Brill v. City of New YorkNew York Court of Appeals · 2004
- Krug v. JonesAppellate Division of the Supreme Court of the State of New York · 1998
- Anzalone v. VarisAppellate Division of the Supreme Court of the State of New York · 1998
- M.D. v. Pasadena Realty Co.Appellate Division of the Supreme Court of the State of New York · 2002
- Barksdale v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2000
4 more not listed; retrieve them via the Exa API.