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JONES v. PINNACLE DUNBAR MANOR, LLC

5073, 108629/08.

84 A.D.3d 578 (2011)

924 N.Y.S.2d 781

BOBBY JONES, Respondent, v. PINNACLE DUNBAR MANOR, LLC, Appellant.

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

Decided May 17, 2011.

Defendant's motion for summary judgment was properly denied as untimely (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, 652 [2004]). Defendant's excuse that it failed to timely file its motion due to the misplacement of a necessary affidavit does not demonstrate "good cause" within the...

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