Quijano v City of New York

Quijano v City of New York 2010 NY Slip Op 06765 [76 AD3d 937] September 30, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, October 27, 2010

Carlos Quijano, Appellant,
v
City of New York, Respondent.

—[*1] Raymond Schwartzberg & Associates, PLLC, New York (Raymond B. Schwartzberg of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Drake A. Colley of counsel), for respondent.

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered on or about June 4, 2009, which, in an action for personal injuries, denied a motion to substitute the Bronx County Public Administrator for the deceased plaintiff, and granted defendant's cross motion to dismiss the complaint for failure to timely substitute a representative for the deceased plaintiff, unanimously affirmed, without costs.

The motion to substitute, which was made in January 2009, 11 years after the alleged accident in January 1998 and almost 10 years after plaintiff's death in April 1999, was properly denied on the ground that it was not made within a reasonable time, as required by CPLR 1021 (see Washington v Min Chung Hwan, 20 AD3d 303, 305 [2005]; Palmer v Selpan Elec. Co., 5 AD3d 248 [2004]). Concur—Mazzarelli, J.P., Sweeny, Catterson, DeGrasse and Manzanet-Daniels, JJ.