Legal Opinion
Amill v. Lawrence Ruben Co.
Appellate Division of the Supreme Court of the State of New York
Decided May 1, 2014Published
1Opinion of the Court
Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered May 2, 2013, which denied the motion of defendant Four Little Ones, LLC (Four Little) for leave to file an untimely summary judgment motion, and for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.
Four Little failed to establish good cause to make its second summary judgment motion more than 120 days after the note of issue was filed (see Gonzalez v 98 Mag Leasing Corp., 95 NY2d 124, 128-129 [2000]; CPLR 3212 [a]). Successive summary judgment motions should only be entertained…
2Cases cited6 opinions
- Gonzalez v. 98 Mag Leasing Corp.New York Court of Appeals · 2000
- Trump Village Section 3, Inc. v. New York State Housing Finance AgencyAppellate Division of the Supreme Court of the State of New York · 2003
- Jones v. 636 Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Phoenix Four, Inc. v. AlbertiniAppellate Division of the Supreme Court of the State of New York · 1997
- Amill v. Lawrence Ruben Co.Appellate Division of the Supreme Court of the State of New York · 2012
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