Fontanez v Lazarus

Fontanez v Lazarus 2009 NY Slip Op 09373 [68 AD3d 558] December 17, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

Federico Fontanez, Respondent,
v
Marc Samuel Lazarus et al., Defendants, and David Borenstein, M.D., Appellant.

—[*1] Schiavetti, Corgan, DiEdwards and Nicholson, LLP, New York (Angela M. Ribaudo of counsel), for appellant.

The Arce Law Office, PLLC, Bronx (Michael Arce of counsel), for respondent.

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered October 14, 2008, which, in an action for personal injuries, upon reargument, denied, as untimely, defendant-appellant's motion for summary judgment dismissing the complaint as against him, unanimously affirmed, without costs.

In a stipulation so-ordered by the court, any motions by defendants for summary judgment were to be "served and filed" by November 21, 2007, and that while appellant served its motion on November 21, it did not file it until November 30. Accordingly, appellant was required, but failed, to show good cause for the late filing (Corchado v City of New York, 64 AD3d 429 [2009]). Concur—Gonzalez, P.J., Mazzarelli, Nardelli, Acosta and RomÁn, JJ.