Thompson v. New York City Board of Education

*651In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Bruno, J.), dated July 11, 2003, which, inter alia, granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is denied, and the complaint is reinstated.

The Supreme Court improvidently exercised its discretion in considering the defendant’s untimely motion for summary judgment in view of the defendant’s failure to offer a satisfactory explanation for…