Riccardi v CVS Pharmacy, Inc.

2009 NY Slip Op 01970 [60 AD3d 838]

March 17, 2009

Appellate Division, Second Department

As corrected through Wednesday, May 6, 2009

Steven Riccardi, Respondent, v CVS Pharmacy, Inc., etal., Appellants.

—[*1]McAndrew, Conboy & Prisco, Woodbury, N.Y. (Mary C. Azzaretto and Craig Dolingerof counsel), for appellants.

Romagnolo & Mingino, LLP, Staten Island, N.Y. (Michael J. Mingino and Jeff Berson ofcounsel), for respondent.

In an action to recover damages for personal injuries, the defendants appeal from an order ofthe Supreme Court, Kings County (Bayne, J.), dated March 12, 2008, which denied their motionfor summary judgment as untimely.

Ordered that the order is affirmed, with costs.

The Supreme Court directed the parties to file motions for summary judgment on or beforeDecember 10, 2007. The defendants did not file a motion for summary judgment until December13, 2007. The defendants failed to show "good cause" for filing a late motion (Brill v City of New York, 2 NY3d648, 651 [2004]; Jackson v JamaicaFirst Parking, LLC, 49 AD3d 501 [2008]). Thus, the court properly denied thedefendants' motion for summary judgment as untimely. Skelos, J.P., Ritter, Florio and Miller, JJ.,concur.