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BUCKNER v. CITY OF NY

9 Misc.3d 510 (2005)

800 N.Y.S.2d 333

DENNIS BUCKNER, Plaintiff, v. CITY OF NEW YORK et al., Defendants. CITY OF NEW YORK, Third-Party Plaintiff, v. J.R. COMMUNICATIONS, INC., Doing Business as SHORE GROUP, INC., Third-Party Defendant. CITY OF NEW YORK, Second Third-Party Plaintiff, v. NEC BUSINESS NETWORK SOLUTIONS, INC., Second Third-Party Defendant and Third Third-Party Plaintiff. J.R. COMMUNICATIONS, INC., Third Third-Party Defendant.

Supreme Court, New York County.

August 3, 2005.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Natasha L. Godby of counsel), for City of New York.

MacKay, Wrynn & Brady LLP, Douglaston (Nichole Maglio of counsel), for NEC Business Network Solutions, Inc.

Keller, O'Reilly & Watson, P.C., Woodbury (Nicholas R. Capece, Jr. of counsel), for J.R. Communications, Inc.

Sullivan Papain Block McGrath & Cannavo P.C., New York City (Vito A. Cannavo of counsel), for plaintiff.

OPINION OF THE COURT

PAUL G. FEINMAN, J.

As a threshold matter, in this case the court is called upon to decide whether the instant motion and cross motions for summary judgment are time-barred by Supreme Court, New York County, Civil Branch, rule 17. The rule provides that "[u]nless specified otherwise in a particular case, pursuant to CPLR 3212(a) all motions for summary judgment must be made no later than 60 days after the filing of the note of...

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