Buffolino v City of New York

Buffolino v City of New York 2012 NY Slip Op 00924 Decided on February 7, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 7, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
ANITA R. FLORIO, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
2011-04424
(Index No. 20893/09)

[*1]Richard Buffolino, plaintiff-respondent,

v

City of New York, defendant-respondent, Stephanie Cho, appellant.




Farber Brocks & Zane LLP, Mineola, N.Y. (Braden H. Farber and
Tracy L. Frankel of counsel), for appellant.
Scott Baron & Associates, P.C., Howard Beach, N.Y. (John J.
Burnett of counsel), for plaintiff-
respondent.


DECISION & ORDER

In an action to recover damages for personal injuries, the defendant Stephanie Cho appeals from an order of the Supreme Court, Queens County (Kerrigan, J.), entered April 5, 2011, which denied, as untimely, her motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against her.

ORDERED that the order is affirmed, with costs.

The Supreme Court properly denied, as untimely, the summary judgment motion of the defendant Stephanie Cho, which was made returnable six days beyond the deadline fixed by the Supreme Court in a so-ordered stipulation dated November 30, 2010, as she failed to demonstrate good cause for the delay (see CPLR 2004, 3212[a]; Brill v City of New York, 2 NY3d 648, 652; Van Dyke v Skanska USA Civ. Northeast, Inc., 83 AD3d 1049).

In light of the foregoing, we need not reach the parties' remaining contentions.
FLORIO, J.P., CHAMBERS, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court