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GORMAN v. MONTEFIORE MED. CTR.

10279, 16583/06.

107 A.D.3d 426 (2013)

967 N.Y.S.2d 43

2013 NY Slip Op 4093

HOWARD GORMAN, as Guardian ad Litem for DAVID GORMAN, et al., Respondents, v. MONTEFIORE MEDICAL CENTER, Appellant.

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

Decided June 6, 2013.

We affirm the order denying summary judgment on the alternate ground that the motion for summary judgment, made more than 15 months after the filing of the note of issue, was untimely (see CPLR 3212 [a]; Miceli v State Farm Mut. Auto. Ins. Co., 3 N.Y.3d 725 [2004]). Defendant's purported excuse for the late motion — that a CD of an MRI, which had been lost, was found shortly before defendant made the motion —...

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