Appellate Division of the Supreme Court of New York, 2000

Clifford v. Harrow Stores, Inc.

Appellate Division of the Supreme Court of New York · Decided July 3, 2000

274 A.D.2d 370; 12 N.Y.S.2d 865; 2000 N.Y. App. Div. LEXIS 7547

Cases that cite this one

4 later published cases cite this decision.

Nationwide Postal Management v. BMW Financial Services, N. A. (Appellate Division of the Supreme Court of New York 2001)
Kaminski v. Modern Italian Bakery of West Babylon (Appellate Division of the Supreme Court of New York 2001)
Torres v. Westchester Dental Services, P. C. (Appellate Division of the Supreme Court of New York 2001)
Tavkar v. Cab (Appellate Division of the Supreme Court of New York 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In an action to recover damages for personal *371injuries, the defendants Frank Saviano and Ann Saviano appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (ALpert, J.), dated July 2, 1999, as denied their motion for summary judgment.

Ordered that the order is affirmed insofar as appealed from, with costs.

A motion for summary judgment must be made within 120 days of the filing of a note of issue “except with leave of court on good cause shown” (CPLR 3212 [a]; see, Gonzalez v 98 Mag Leasing Corp., 95 NY2d 124). The appellants’ summary judgment motion, filed approximately 18 months after the filing of the note of issue, was untimely. Moreover, it was made without leave of the court and without good cause shown for the delay (see, Olzaski v Locust Val. Cent. School Dist., 256 AD2d 320; DiFusco v Wal-Mart Discount Cities, 255 AD2d 937). Accordingly, the Supreme Court providently exercised its discretion in denying the motion.

The appellants’ remaining contention is without merit. Gold-stein, J. P., McGinity, Luciano and Smith, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.