Giandana v Providence Rest Nursing Home

Giandana v Providence Rest Nursing Home 2007 NY Slip Op 01974 [38 AD3d 295] March 13, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 9, 2007

Nancy Giandana, Individually and as Administratrix of the Estate of Anna E. Demuth, Deceased, Respondent,
v
Providence Rest Nursing Home, Respondent and Third-Party Plaintiff-Respondent, and Health Care Professionals, Appellant. Ramar Services, Inc., Third-Party Defendant-Appellant, et al., Third-Party Defendant.

—[*1] Pilkington & Leggett, P.C., White Plains (Michael N. Romano of counsel), for appellants.

Marshall E. Blooomfield, Bronx (Michael P. Bloomfied of counsel), for Nancy Giandana, respondent.

John V. Coulter, New York, for Providence Rest Nursing Home, respondent.

Order, Supreme Court, Bronx County (Stanley Green, J.), entered November 29, 2005, which, to the extent appealed from, denied appellants' motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Inasmuch as appellants neither moved for summary judgment within the allotted time nor made a showing of good cause for [*2]their failure to do so, the motion was properly denied (see Brill v City of New York, 2 NY3d 648 [2004]; Adams v City of New York, 36 AD3d 465 [2007]). Concur—Andrias, J.P., Saxe, Sullivan, Gonzalez and McGuire, JJ.