KAPLAN v. [And a Third-Party Action]. (2006)

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

Donald KAPLAN, et al., Plaintiffs-Respondents, v. DEFOE CORP., et al., Defendants-Appellants, J & B Welding, Inc., et al., Defendants. [And a Third-Party Action].

Decided: September 28, 2006

TOM, J.P., SULLIVAN, NARDELLI, CATTERSON, McGUIRE, JJ.

Smith Mazure Director Wilkins Young & Yagerman, P.C., New York (Mark D. Levi of counsel), for appellants. Salenger, Sack, Schwartz & Kimmel, LLP, New York (Gregory S. Gennarelli of counsel), for respondents.

Order, Supreme Court, Bronx County (Stanley Green, J.), entered June 1, 2005, which, inter alia, denied as untimely defendants-appellants' motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Appellants' summary judgment motion was made almost one year after the deadline for making summary judgment motions set by the court, and appellants failed to show good cause for their delay (see CPLR 3212[a]; Brill v. City of New York, 2 N.Y.3d 648, 781 N.Y.S.2d 261, 814 N.E.2d 431 [2004]; Perini Corp. v. City of New York, 16 A.D.3d 37, 789 N.Y.S.2d 29 [2005]; Colon v. City of New York, 15 A.D.3d 173, 788 N.Y.S.2d 606 [2005] ).

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network