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ASARO v. CITY OF NEW YORK

19 A.D.3d 167 (2005)

795 N.Y.S.2d 890

ANTHONY ASARO et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

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

June 9, 2005.

Since defendants did not demonstrate "good cause" for their failure to comply with the time constraints of CPLR 3212 (a), their motion for summary judgment was properly rejected as untimely (Brill v City of New York, 2 N.Y.3d 648 [2004]; see also Miceli v State Farm Mut. Auto. Ins. Co., 3 N.Y.3d 725 [2004]). Moreover, the court did not improvidently exercise its discretion in affording plaintiffs...

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