| Rivera v New York Presbyt. Hosp. |
| 2008 NY Slip Op 09978 [57 AD3d 755] |
| December 16, 2008 |
| Appellate Division, Second Department |
| Lina Rivera et al., Respondents, v New York PresbyterianHospital et al., Respondents, and Andrew J. Szabo, Appellant. |
—[*1] Napoli, Bern & Ripka, LLP, New York, N.Y. (Denise A. Rubin of counsel), forplaintiffs-respondents.
In an action, inter alia, to recover damages for medical malpractice and wrongful death, thedefendant Andrew J. Szabo appeals from an order of the Supreme Court, Queens County(O'Donoghue, J.), dated July 25, 2007, which denied, as untimely, his motion for summary judgmentdismissing the complaint and cross claims insofar as asserted against him or, in the alternative, pursuantto CPLR 214-a for summary judgment dismissing so much of the complaint insofar as asserted againsthim as was based upon alleged acts of malpractice occurring prior to May 24, 2002, and dismissing thesecond and third causes of action to recover damages for lack of informed consent and negligent hiringand supervision insofar as asserted against him.
Ordered that the order is affirmed, with costs to the plaintiffs-respondents.
The Supreme Court properly denied the motion of the defendant Andrew J. Szabo as untimely onthe ground that he failed to show good cause for making the motion more than 120 days after the filingof a note of issue, as required by a preliminary conference order (see Jackson v Jamaica First Parking, LLC, 49 AD3d 501 [2008]; Coty v County of Clinton, 42 AD3d612, 614 [2007]; see also DiBenedettov Lowe's Home Ctrs., Inc., 43 AD3d 853 [2007]; Milano v George, 17 AD3d 644, 645 [2005]).
In light of our determination, we do not reach the parties' remaining contentions. Skelos, J.P.,Santucci, Dillon and Covello, JJ., concur.