LEVY v. Amrik Singh, et al., Defendants. (2006)

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered January 28, 2005, which denied the motion by defendants Deer Transportation and Bishawjit for summary judgment and plaintiff's cross motion for partial summary judgment on the question of “serious injury,” unanimously affirmed, without costs.

Both the motion and the cross motion were untimely, having been made more than the prescribed time for this IAS Part after the filing of plaintiff's note of issue, and without a showing of good cause for the 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];  Colon v. City of New York, 15 A.D.3d 173, 788 N.Y.S.2d 606 [2005] ).   Even if the defense motion had been timely, plaintiff did not cross-move within the time limits of CPLR 2215 (see Siegel, 2005 CPLR Supplementary Practice Commentary C3212:12, McKinney's Cons. Laws of N.Y., Book 7B), and she has provided no explanation for her delay.