LANDAU v. Kenneth F. Kaplan, Defendant. (2022)

Supreme Court, Appellate Term, New York,

LANDAU, P.C. f/k/a Morris J. Eisen, P.C. and Morris J. Eisen, Individually, Plaintiffs-Respondents, v. Lloyd GOLDSTEIN, Defendant-Appellant, Kenneth F. Kaplan, Defendant.

570229 /21

Decided: October 14, 2022

PRESENT: Hagler, J.P., Tisch, Michael, JJ.

Order (Sabrina B. Kraus, J.), dated March 25, 2020, affirmed, with $10 costs.

In this action to recover compensation for legal services pursuant to an alleged referral fee agreement, Civil Court properly denied defendant's Goldstein's (third) motion for summary judgment as untimely, since it was made three years after the filing of the note of issue, long past the statutory timeliness requirement of CPLR 3212(a), and defendant failed to “establish [ ] good cause for [his] belated filing” (Appleyard v Tigges, 171 AD3d 534, 536 [2019]). Moreover, defendant's motion violated the rule against successive summary judgment motions, since he previously sought summary judgment multiple times on the same grounds without “showing ․ newly discovered evidence or other sufficient justification” (Jones v 636 Holding Corp., 73 AD3d 409, 409 [2010]). We also note that many of defendant's contentions are unpreserved for appellate review.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

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