ROSARIO v. [And A Third-Party Action]. (1999)

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered on or about July 21, 1998, which denied defendant Tomco's motion for dismissal of all pleadings against it for lack of jurisdiction and granted plaintiff's motion and defendant Kenyon & Son's cross motion for partial summary judgment declaring that Tomco is liable as a successor to a nonparty predecessor corporation, denied defendant Kenyon's motion for summary judgment as untimely, denied the motion by defendants Lobello Electric Services and Frank Lobello for summary judgment, denied defendant Lobello Electric Installation's motion for summary judgment, denied the Webtech defendants' motion for summary judgment, and granted the motion by defendant Kenyon and plaintiff for partial summary judgment declaring that Webtech is liable as a successor to a nonparty predecessor corporation, unanimously affirmed, without costs.

The motion court properly denied defendant Kenyon's cross motion for summary judgment as untimely since it was not served within the time frame set by the court pursuant to CPLR 3212(a) and because Kenyon failed to demonstrate good cause for consideration of the late cross motion.   Questions of fact as to the work proximately causing plaintiff's injuries warranted denial of summary judgment in favor of any of the manufacturers or repairers (see, Bral v. City of New York, 221 A.D.2d 283, 634 N.Y.S.2d 98).   All of the successor corporation issues were properly resolved (see, Sweatland v. Park Corp., 181 A.D.2d 243, 245-246, 587 N.Y.S.2d 54).   We have considered appellants' remaining arguments and find them to be unavailing.

MEMORANDUM DECISION.