| Anderson v Kantares |
| 2008 NY Slip Op 04818 [51 AD3d 954] |
| May 27, 2008 |
| Appellate Division, Second Department |
| Stephen Anderson, Appellant, v Chariclia Kantares,Defendant, and Helen Minadis, Respondent. |
—[*1] Marshall, Conway, Wright & Bradley, P.C. (Max W. Gershweir, New York, N.Y. [JenniferB. Ettinger] of counsel), for respondent.
In an action to recover damages for personal injuries, the plaintiff appeals from an order ofthe Supreme Court, Queens County (Satterfield, J.), dated January 4, 2007, which granted themotion of the defendant Helen Minadis for summary judgment dismissing the complaint insofaras asserted against her.
Ordered that the order is reversed, on the law, with costs, and the motion of the defendantHelen Minadis for summary judgment dismissing the complaint insofar as asserted against her isdenied.
The Supreme Court erred in entertaining the motion of the defendant Helen Minadis(hereinafter the defendant) for summary judgment, which was made returnable 29 days beyondthe deadline fixed by the Supreme Court in the so-ordered stipulation, where she failed todemonstrate good cause for the delay (see CPLR 3212 [a]; Brill v City of New York, 2 NY3d648, 652 [2004]; DiBenedetto vLowe's Home Ctrs., Inc., 43 AD3d 853 [2007]). The testimony of the nonparty witness,whose deposition transcript the defendant was reportedly awaiting, was not relevant to thedefendant's motion (see Jackson vJamaica First Parking, LLC, 49 AD3d 501 [2008]; Tower Ins. Co. of N.Y. v Razy Assoc., 37 AD3d 702, 703 [2007];Espejo v Hiro Real Estate Co., 19AD3d 360, 361 [2005]). Accordingly, the Supreme Court erred in reaching the merits of themotion (see Brill v City of New York, 2 NY3d at 650). Rivera, J.P., Spolzino, Dickersonand Eng, JJ., concur.