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GAFFNEY v. BFP 300 MADISON II, LLC.

18 A.D.3d 403 (2005)

795 N.Y.S.2d 579

JOSEPH GAFFNEY et al., Respondents, v. BFP 300 MADISON II, LLC, et al., Appellants.

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

May 31, 2005.

The court providently exercised discretion in considering the summary judgment motion, notwithstanding its untimeliness. Plaintiffs demonstrated "good cause" by explaining that the delay was due, in part, to defendant Turner's failure to produce a witness for deposition in a timely fashion prior to the filing of note of issue, and by the delay in obtaining a transcript of said deposition (see Kunz v Gleeson, 9 A.D.3d 480 [2004])...

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