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BRILL v. CITY OF NY

2 N.Y.3d 648 (2004)

814 N.E.2d 431

781 N.Y.S.2d 261

ONA BRILL et al., Appellants, v CITY OF NEW YORK, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided June 10, 2004.

Attorney(s) appearing for the Case

Palmeri & Gaven, New York City (John J. Palmeri of counsel), for appellants.

Michael A. Cardozo, Corporation Counsel, New York City (Ralph Janzen and Kristin M. Helmers of counsel), for respondent.

Judges Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur with Chief Judge Kaye; Judge G.B. Smith dissents and votes to affirm in a separate opinion.

OPINION OF THE COURT

Chief Judge KAYE.

This appeal puts before us a recurring scenario regarding the timing of summary judgment motions that ignores statutory law, disrupts trial calendars, and undermines the goals of orderliness and efficiency in state court practice.

On June 4, 1998, plaintiffs Ona and Maurice Brill brought suit against the City of New York and others for injuries Ona Brill allegedly...

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