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AZCONA v. SALEM

49 A.D.3d 343 (2008)

852 N.Y.S.2d 767

NELSON AZCONA et al., Appellants, v. DAVID SALEM et al., Respondents.

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

Decided March 13, 2008.

In granting defendants' belated summary judgment motion (see CPLR 3212 [a]), Supreme Court did not address the issue of whether defendants demonstrated good cause (see Miceli v State Farm Mut. Auto. Ins. Co., 3 N.Y.3d 725 [2004]; Brill v City of New York, 2 N.Y.3d 648 [2004]). In any event, as a matter of law, defendants failed to demonstrate good cause. Defendants claim that after...

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