| Silva v FC Beekman Assoc., LLC |
| 2015 NY Slip Op 02468 [126 AD3d 963] |
| March 25, 2015 |
| Appellate Division, Second Department |
[*1]
| Antonio Silva, Plaintiff, v FC BeekmanAssociates, LLC, et al., Defendants/Third-Party Plaintiffs-Appellants. Gotham SafetyService Corp., Third-Party Defendant-Respondent. |
Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, White Plains, N.Y. (RoryL. Lubin and Donald G. Derrico of counsel), for defendants/third-partyplaintiffs-appellants.
Nicoletti Hornig & Sweeney, New York, N.Y. (Michael F. McGowan ofcounsel), for third-party defendant-respondent.
In an action to recover damages for personal injuries, the defendants third-partyplaintiffs appeal, as limited by their brief, from so much of an order of the SupremeCourt, Queens County (Kitzes, J.), entered April 29, 2013, as denied their cross motionfor summary judgment on the issue of liability on their cause of action for common-lawindemnification.
Ordered that the order is affirmed insofar as appealed from, with costs.
Unless a trial court specifies otherwise, a party has 120 days after the filing of a noteof issue to move for summary judgment, after which it may do so only with leave ofcourt on good cause shown (see CPLR 3212 [a]; Brill v City of New York, 2NY3d 648, 652 [2004]; Carrasco v Weissman, 120 AD3d 534, 536 [2014]; Demacopoulos v City of NewYork, 73 AD3d 842 [2010]). Here, the court set an earlier deadline. Theappellants failed to establish good cause for not timely serving the papers in connectionwith their cross motion for summary judgment on the issue of liability on their third-partycause of action for common-law indemnification within the time limit set by the court(see Brill v City of New York, 2 NY3d at 652; Demacopoulos v City of NewYork, 73 AD3d at 842; Carrasco v Weissman, 120 AD3d at 536).Accordingly, the Supreme Court properly denied their cross motion as untimely.
In light of our determination, we do not consider the appellants' remainingcontention. Rivera, J.P., Chambers, Miller and Duffy, JJ., concur.