Hilton v. City of New Rochelle
Cases that cite this one
4 later published cases cite this decision.
- Brill v. City of New York (N.Y. 2004)
- Williams v. Naylor (Appellate Division of the Supreme Court of New York 2009)
- Dunham v. City of New York (Appellate Division of the Supreme Court of New York 2003)
- Minucci v. City of New York (Appellate Division of the Supreme Court of New York 2003)
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 injuries, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Lefkowitz, J.), dated April 17, 2001, which, upon granting the defendant’s oral application for summary judgment dismissing the complaint, is in favor of the defendant and against her.
Ordered that the judgment is reversed, as a matter of discretion, with costs, the defendant’s oral application for summary judgment dismissing the complaint is denied, and the complaint is reinstated.
The Supreme Court improvidently exercised its discretion in entertaining the defendant’s oral application for summary judgment, which was made after jury selection had been completed. The defendant failed to demonstrate good cause for its inordinate delay in seeking summary judgment (see CPLR 3212 [a]; Dono v Bar Biz Rest. & Equip. Corp., 292 AD2d 494; Caiola v Allcity Ins. Co., 277 AD2d 273; Wagner v City of New York, 271 AD2d 439; Scocozza v Tolia, 262 AD2d 548). In any event,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.