Chechile v. Magee

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (McCarty, J.), dated April 20, 2009, which denied, as untimely, his motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in denying, as untimely, the defendant’s motion for summary judgment dismissing the complaint. The excuses proffered by the defendant were insufficient to constitute good cause for *626the delay in making his motion (see CPLR 3212 [a]; Miceli v…