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DUNHAM v. CITY OF NEW YORK

1 A.D.3d 312 (2003)

766 N.Y.S.2d 854

PATRICIA DUNHAM, Appellant, v. CITY OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 3, 2003.

Ordered that the order is reversed, on the facts and as a matter of discretion, with costs, the motion is denied, and the complaint is reinstated.

CPLR 3212 (a) requires that a motion for summary judgment be made within 120 days after the filing of a note of issue, except with leave of court on good cause shown. Here, the defendants filed a motion for summary judgment 16 months after the deadline, and without any explanation for the delay. Under these circumstances...

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