| Castillo v Valente |
| 2011 NY Slip Op 05648 [85 AD3d 1080] |
| June 28, 2011 |
| Appellate Division, Second Department |
| Fredy Castillo, Respondent, v Cheryl Valente et al.,Appellants, et al., Defendants. |
—[*1] Bragoli & Associates, P.C., Melville, N.Y. (Susan R. Nudelman and Christopher Bragoli ofcounsel), for respondent. Kaplan Belsky Ross Bartell, LLP, Garden City, N.Y. (Lewis A. Bartell of counsel), fordefendant Charles O'Donnell, doing business as Pro-Cission Construction.
In an action to recover damages for personal injuries, the defendants Cheryl Valente andRichard Valente, Jr., appeal, as limited by their brief, from so much of an order of the SupremeCourt, Suffolk County (Baisley, Jr., J.), dated July 1, 2010, as denied that branch of their motionwhich was for summary judgment dismissing the complaint insofar as asserted against them asuntimely.
Ordered that the order is affirmed insofar as appealed from, with costs to the respondent.
The note of issue in this action was filed on December 9, 2008. The appellants filed theirmotion for summary judgment on April 16, 2009, more than 120 days after the filing of the noteof issue. Since the appellants failed to show "good cause" for the delay, the Supreme Courtproperly denied as untimely that branch of their motion which was for summary judgmentdismissing the complaint insofar as asserted against them (see Brill v City of New York, 2 NY3d 648, 652 [2004]; Riccardi v CVS Pharmacy, Inc., 60AD3d 838 [2009]; Finger vSaal, 56 AD3d 606, 606-607 [2008]). Dillon, J.P., Covello, Chambers and Roman, JJ.,concur.