Mary Hsiao Yung Wang v Chei Fong Lee

Mary Hsiao Yung Wang v Chei Fong Lee 2013 NY Slip Op 07029 Decided on October 30, 2013 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 October 30, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
CHERYL E. CHAMBERS
SANDRA L. SGROI, JJ.
2011-05644
(Index No. 21693/01)

[*1]Mary Hsiao Yung Wang, respondent,

v

Chei Fong Lee, appellant.




Chei Fong Lee, New York, N.Y., appellant pro se.
Nadel & Associates, P.C., New York, N.Y. (David Van
Leeuwen and Michael J. Ciarlo of counsel),
for respondent.


DECISION & ORDER

In an action to determine ownership of real property, the defendant appeals from an order of the Supreme Court, Queens County (Schulman, J.), entered April 21, 2011, which, inter alia, denied her motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The Supreme Court properly denied the appellant's untimely motion for summary judgment in view of her failure to offer any explanation for not serving the motion within 120 days after the filing of the note of issue, as required by CPLR 3212(a) (see Brill v City of New York, 2 NY3d 648; Soltes v Waverly Owners, Inc., 42 AD3d 565).

The appellant's remaining contentions are either not properly before this Court or without merit.
RIVERA, J.P., BALKIN, CHAMBERS and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court