Buffolino v City of New York

2012 NY Slip Op 00924 [92 AD3d 633]

February 7, 2012

Appellate Division, Second Department

As corrected through Wednesday, March 28, 2012

Richard Buffolino, Respondent, v City of New York,Respondent, and Stephanie Cho, Appellant.

—[*1]Farber Brocks & Zane LLP, Mineola, N.Y. (Braden H. Farber and Tracy L. Frankel ofcounsel), for appellant.

Scott Baron & Associates, P.C., Howard Beach, N.Y. (John J. Burnett of counsel), forplaintiff-respondent.

In an action to recover damages for personal injuries, the defendant Stephanie Cho appealsfrom an order of the Supreme Court, Queens County (Kerrigan, J.), entered April 5, 2011, whichdenied, as untimely, her motion for summary judgment dismissing the complaint and all crossclaims insofar as asserted against her.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied, as untimely, the summary judgment motion of thedefendant Stephanie Cho, which was made returnable six days beyond the deadline fixed by theSupreme Court in a so-ordered stipulation dated November 30, 2010, as she failed to demonstrategood cause for the delay (see CPLR 2004, 3212 [a]; Brill v City of New York, 2 NY3d 648, 652 [2004]; Van Dyke v Skanska USA Civ. Northeast,Inc., 83 AD3d 1049 [2011]).

In light of the foregoing, we need not reach the parties' remaining contentions. Florio, J.P.,Chambers, Hall and Miller, JJ., concur.