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BEVILACQUA v. CITY OF NEW YORK

21 A.D.3d 340 (2005)

798 N.Y.S.2d 909

CARMELA BEVILACQUA, Respondent, v. CITY OF NEW YORK, Respondent, THOMAS C. REITZ, JR., et al., Appellants.

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

August 1, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs to the plaintiff-respondent.

The appellants' summary judgment motion was made more than 60 days after the plaintiff filed a note of issue on February 4, 2004, in violation of rule 13 of the Uniform Civil Trial Rules of the Supreme Court, Kings County. The appellants failed to establish good cause for the delay (see CPLR 3212 [a]; Miceli v. State Farm Mut. Auto. Ins. Co., ...

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