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HURLEY v. BEST BUY STORES, L.P.

2409, 106538/05, 590952/05, 591014/05

71 A.D.3d 559 (2010)

896 N.Y.S.2d 676

MICHAEL HURLEY, Plaintiff, v. BEST BUY STORES, L.P., et al., Defendants. SCHIMENTI CONSTRUCTION COMPANY, LLC, Third-Party Plaintiff-Respondent, v. SAGE ELECTRICAL CONTRACTING, INC., Third-Party Defendant-Appellant. BEST BUY STORES, L.P., et al., Second Third-Party Plaintiffs-Respondents, v. SAGE ELECTRICAL CONTRACTING, INC., Second Third-Party Defendant-Appellant.

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

Decided March 23, 2010.

Defendants failed to demonstrate "good cause" for their belated summary judgment motion (CPLR 3212 [a]; Brill v City of New York, 2 N.Y.3d 648, 652 [2004]). The fact that they switched counsel before their prior counsel could take steps for relief from plaintiff's negligence claims does not constitute good cause, since prior counsel should have been aware of various defenses and should have requested such relief in a timely...

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