Bennett v St. John's Home

Bennett v St. John's Home 2015 NY Slip Op 08613 Decided on November 23, 2015 Court of Appeals 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 November 23, 2015
No. 211 SSM 17

[*1]Ainsworth M. Bennett, & c., Appellant,

v

St. John's Home et al., Respondents.

Submitted by David E. Woodin, for appellant.

Submitted by David H. Fitch, for respondents.

On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, and certified question not answered as unnecessary. As the issue of the timeliness under CPLR 3212(a) of defendants' summary judgment motion was not preserved in Supreme Court, the Court of Appeals lacks power to review either the Appellate Division's exercise of its discretion to reach the issue, or the issue itself (see Hecker v State of New York, 20 NY3d 1087 [2013]). On the remaining issue presented, the Appellate Division properly held that defendants were entitled to summary judgment. Chief Judge Lippman and Judges Pigott, Rivera, Abdus-Salaam and Fahey concur. Judge Stein took no part.

Decided November 23, 2015