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TAPIA v. PRUDENTIAL RICHARD ALBERT REALTORS

2009-01330.

79 A.D.3d 735 (2010)

911 N.Y.S.2d 919

PEDRO PICON TAPIA, Respondent, v. PRUDENTIAL RICHARD ALBERT REALTORS et al., Defendants, and PRUDENTIAL RAND REALTY et al., Appellants.

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

Decided December 7, 2010.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court did not improvidently exercise its discretion in denying, as untimely, that branch of the appellants' motion which was, in effect, for summary judgment dismissing the complaint insofar as asserted against them. The appellants failed to demonstrate good cause for their delay in making the motion (see CPLR 3212 [a]; Miceli v State Farm Mut. Auto. Ins. Co., 

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