| Hernandez v 35-55 73rd St., LLC |
| 2011 NY Slip Op 09092 [90 AD3d 709] |
| December 13, 2011 |
| Appellate Division, Second Department |
| Johanna Hernandez, Respondent, v 35-55 73rd Street,LLC, et al., Appellants. |
—[*1] Stewart H. Friedman, Garden City, N.Y. (William L. Bonifati of counsel), for appellant A&STile & Marble, Inc. Gorayeb & Associates, P.C., New York, N.Y. (Roy A. Kuriloff and John Shaw of counsel),for respondent.
In an action to recover damages for personal injuries, the defendant 35-55 73rd Street, LLC,appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County(Agate, J.), dated February 8, 2011, as denied, as untimely, its motion for summary judgmentdismissing the complaint insofar as asserted against it, and the defendant A&S Tile & Marble,Inc., separately appeals, as limited by its brief, from so much of the same order as denied, asuntimely, its separate motion for summary judgment dismissing the complaint insofar as assertedagainst it.
Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable bythe appellants to the plaintiff.
The Supreme Court correctly denied, as untimely, the summary judgment motion of thedefendant 35-55 73rd Street, LLC, and the separate summary judgment motion of the defendantA&S Tile & Marble, Inc., which were made returnable 12 and 54 days, respectively, beyond thedeadline fixed by the Supreme Court in a so-ordered stipulation, as the defendants failed todemonstrate good cause for the delay (see CPLR 2004, 3212 [a]; Brill v City of New York, 2 NY3d648, 652 [2004]; Anderson vKantares, 51 AD3d 954 [2008]; Jackson v Jamaica First Parking, LLC, 49 AD3d 501 [2008]; DiBenedetto v Lowe's Home Ctrs.,Inc., 43 AD3d 853 [2007]).
In light of the foregoing, we need not reach the defendants' remaining contentions.Angiolillo, J.P., Dickerson, Lott and Miller, JJ., concur.