| Avezbakiyev v City of New York |
| 2013 NY Slip Op 02036 [104 AD3d 888] |
| March 27, 2013 |
| Appellate Division, Second Department |
| David Avezbakiyev, Respondent, v City of NewYork, Respondent, and Horizon At Forest Hills, LLC, et al.,Appellants. |
—[*1] Albert Cohen, Forest Hills, N.Y. (Charles Haviv of counsel), forplaintiff-respondent. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein,Graham Morrison, and Mordicai Newman of counsel), fordefendant-respondent.
In an action to recover damages for personal injuries, the defendants Horizon atForest Hills, LLC, and Britt Realty Development Corp., appeal from an order of theSupreme Court, Queens County (Kerrigan, J.), dated October 17, 2011, which denied, asuntimely, their motion for summary judgment dismissing the complaint and all crossclaims insofar as asserted against them.
Ordered that the order is affirmed, with one bill of costs.
The Supreme Court properly denied, as untimely, the motion of the defendantsHorizon at Forest Hills, LLC, and Britt Realty Development Corp. (hereinafter togetherthe appellants) for summary judgment dismissing the complaint and all cross claimsinsofar as asserted against them, since they failed to demonstrate good cause for the delayin making their motion for summary judgment (see CPLR 3212 [a]; Brill v City of New York, 2NY3d 648 [2004]). Significant outstanding discovery may, in certain circumstances,constitute good cause for a delay in making a motion for summary judgment (seeGonzalez v 98 Mag Leasing Corp., 95 NY2d 124 [2000]; Kung v Zheng, 73 AD3d862 [2010]; McArdle v 123Jackpot, Inc., 51 AD3d 743 [2008]; Sclafani v Washington Mut., 36 AD3d 682 [2007]). Here,however, the discovery outstanding at the time the note of issue was filed was notessential to the appellants' motion (see Greenpoint Props., Inc. v Carter, 82 AD3d 1157[2011]; Anderson vKantares, 51 AD3d 954 [2008]; Tower Ins. Co. of N.Y. v Razy Assoc., 37 AD3d 702[2007]; Espejo v Hiro RealEstate Co., 19 AD3d 360 [2005]).
In light of the foregoing, we need not reach the parties' remaining contentions.Mastro, J.P., Austin, Cohen and Miller, JJ., concur.