Jackson v Jamaica First Parking, LLC

2008 NY Slip Op 01918 [49 AD3d 501]

March 4, 2008

Appellate Division, Second Department

As corrected through Wednesday, May 14, 2008

Cheryl Jackson, Respondent, v Jamaica First Parking, LLC,Appellant, and City of New York, Respondent.

—[*1]Friedman, Harfenist, Langer & Kraut, LLP, Lake Success, N.Y. (Steven J. Harfenist,Andrew C. Lang, and Heather L. Smar of counsel), for appellant.

Jacoby & Meyers, LLP, Newburgh, N.Y. (Finkelstein & Partners [Kara Campbell] ofcounsel), for plaintiff-respondent.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Kristin M. Helmers and JanetL. Zaleon of counsel), for defendant-respondent.

In an action to recover damages for personal injuries, the defendant Jamaica First Parking,LLC, appeals from an order of the Supreme Court, Queens County (Flug, J.), dated October 6,2006, which denied, as untimely, its motion for summary judgment dismissing the complaint andall cross claims insofar as asserted against it.

Ordered that the order is affirmed, with one bill of costs.

The Supreme Court correctly denied the appellant's motion as untimely, as the appellantfailed to demonstrate "good cause" for making its motion after the 120-day deadline imposed byCPLR 3212 (a) had passed (see Brill vCity of New York, 2 NY3d 648 [2004]; Coty v County of Clinton, 42 AD3d 612 [2007]). The recordcontains no proof that outstanding discovery prevented the appellant from making a timelymotion for summary judgment (seeEspejo v Hiro Real Estate Co., 19 AD3d 360 [2005]).

In light of our determination, we need not reach the appellant's remaining [*2]contentions. Mastro, J.P., Florio, Miller and Dickerson, JJ., concur.