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RIVERA v. CITY OF NEW YORK

2696, 29382/02

73 A.D.3d 413 (2010)

899 N.Y.S.2d 603

JUANA RIVERA, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided May 4, 2010.

Defendant's cross motion for summary judgment, which was made in response to a motion by plaintiff characterized by the motion court as one to restore the action to the calendar, should have been denied as untimely, as defendant failed to show good cause for making the cross motion more than 120 days after the filing of the note of issue (CPLR 3212[a]; Brill v City of New York, 2 N.Y.3d 648, 652 [2004]). At least where, as here...

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