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KHAIMOVA v. OSNAT CORP.

21 A.D.3d 401 (2005)

799 N.Y.S.2d 779

BARNO KHAIMOVA et al., Appellants, v. OSNAT CORP., Doing Business as DARYO RESTAURANT, Respondent.

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

August 8, 2005.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in entertaining the defendant's belated motion for summary judgment since good cause was shown by the defendant pursuant to CPLR 3212 (a) (see Brill v. City of New York, 2 N.Y.3d 648 [2004]).

In the absence of evidence of a negligent application of floor wax or polish,...

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