It is undisputed that defendant Dargone, Inc. moved for summary judgment approximately 18 months after the note of issue was filed without seeking leave of the court or offering an explanation showing good cause for the delay. The motion was thus properly denied by the court as untimely (see CPLR 3212 [a]), and without reaching the merits of defendant's arguments for summary relief (see Brill v City of New York,
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HAYES v. DARGONE, INC.
33 A.D.3d 563 (2006)
822 N.Y.S.2d 704
RAYMOND HAYES, Respondent, v. DARGONE, INC., Appellant, et al., Defendant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided October 31, 2006.
Decided October 31, 2006.
Appellate Division of the Supreme Court of the State of New York, First Department.
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