| Powers v Sculco |
| 2011 NY Slip Op 08740 [89 AD3d 1075] |
| November 29, 2011 |
| Appellate Division, Second Department |
| Dianne M. Powers, as Executrix of Francis Powers, Deceased, et al.,Respondents, v Thomas P. Sculco, M.D., et al., Appellants. |
—[*1] Connors & Connors, P.C., Staten Island, N.Y. (John P. Connors, Jr., and Leonard A. Robusto ofcounsel), for respondents.
In an action, inter alia, to recover damages for medical malpractice, etc., the defendants appeal, aslimited by their brief, from so much of an order of the Supreme Court, Richmond County (Minardo, J.),dated November 17, 2010, as denied, as untimely, their cross motion for summary judgment dismissingthe complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
The note of issue in this action was filed on January 8, 2010. In a preliminary conference order, theSupreme Court required dispositive motions to be made within 60 days of the filing of the note of issue,i.e., by March 9, 2010. The defendants filed their cross motion for summary judgment more than fourmonths after the deadline set by the Supreme Court. Contrary to their contention, the defendants failedto show "good cause" for filing a late motion (CPLR 3212 [a]; see Miceli v State Farm Mut. Auto. Ins. Co., 3 NY3d 725 [2004]; Brill v City of New York, 2 NY3d648, 652 [2004]; Castillo v Valente,85 AD3d 1080 [2011]; Riccardi v CVSPharmacy, Inc., 60 AD3d 838 [2009]). Accordingly, the Supreme Court properly denied, asuntimely, the defendants' cross motion for summary judgment dismissing the complaint.
In light of our determination, we need not reach the defendants' remaining contentions. Rivera, J.P.,Eng, Belen and Austin, JJ., concur.