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LEVY v. DEER TRANS. CORP.

27 A.D.3d 279 (2006)

813 N.Y.S.2d 55

SHARON D. LEVY, Now Known as SHARON LEVY BEECHER, Respondent-Appellant, v. DEER TRANS. CORP. et al., Appellants-Respondents, et al., Defendants.

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

March 14, 2006.

Both the motion and the cross motion were untimely, having been made more than the prescribed time for this IAS Part after the filing of plaintiff's note of issue, and without a showing of good cause for the delay (see CPLR 3212 [a]; Brill v City of New York, 2 N.Y.3d 648 [2004]; Colon v City of New York, 15 A.D.3d 173 [2005]). Even if the defense motion had been timely, plaintiff...

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