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CHARLES v. JAMAICA HOSPITAL

30 A.D.3d 459 (2006)

816 N.Y.S.2d 375

JEAN CHARLES et al., Appellants, v. JAMAICA HOSPITAL et al., Defendants, and MOISE MAURICE ABITOL, Respondent.

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

June 13, 2006.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The plaintiffs' contention that the summary judgment motion of the defendant Moise Maurice Abitol should not have been considered on the ground that it was untimely pursuant to CPLR 3212 (a) is improperly raised for the first time on appeal (see LaBella v Allstate Ins. Co., 261 A.D.2d 367, 368 [1999]). In any event, Abitol established good cause for...

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