Wilhelm Group v White Plains Flooring & Supplies

Wilhelm Group v White Plains Flooring & Supplies 2003 NY Slip Op 19111 [2 AD3d 438] December 1, 2003 Appellate Division, Second Department As corrected through Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 25, 2004

Wilhelm Group, Respondent,
v
White Plains Flooring & Supplies, Inc., et al., Appellants.

—In an action, inter alia, to recover damages for breach of a commercial lease, the defendants appeal from an order of the Supreme Court, Westchester County (Rudolph, J.), dated November 18, 2002, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in denying the defendants' belated motion for summary judgment as untimely (see CPLR 3212 [a]; Olzaski v Locust Val. Cent. School Dist., 256 AD2d 320 [1998]; cf. Chambers v Maury Povich Show, 285 AD2d 440 [2001]). Ritter, J.P., Florio, Smith and H. Miller, JJ., concur.