Raphael Marin v Levin Properties, LP

Marin v Levin Props., LP 2006 NY Slip Op 02728 [28 AD3d 526] April 11, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 21, 2006

Raphael Marin, Respondent,
v
Levin Properties, LP, et al., Appellants.

—[*1]In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Harkavy, J.), dated December 15, 2004, which denied that branch of their motion which was for leave to file an untimely motion for summary judgment.

Ordered that the order is affirmed, with costs.

The defendants failed to show good cause for their delay in making a motion for summary judgment. Accordingly, the Supreme Court properly declined to entertain the defendants' untimely motion (see Miceli v State Farm Mut. Auto. Ins. Co., 3 NY3d 725 [2004]; Brill v City of New York, 2 NY3d 648 [2004]). Prudenti, P.J., Krausman, Mastro and Fisher, JJ., concur.