JOSON v. G & S REALTY 1, LLC

2009-02308

68 A.D.3d 1061 (2009)

2009 NY Slip Op 9620

890 N.Y.S.2d 351

ADELINA JOSON et al., Respondents, v. G & S REALTY 1, LLC, et al., Respondents, and TPD CONSTRUCTION CORP., Appellant.

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

Decided December 22, 2009.


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

Generally, unless a trial court specifies otherwise, a party has 120 days after the filing of a note of issue to move for summary judgment, after which it may do so only with "leave of court on good cause shown" (CPLR 3212 [a]). This "requires a showing of good cause for the delay in making the motion—a satisfactory explanation for the untimeliness—rather than simply permitting...

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