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Chechile v. Magee

Appellate Division of the Supreme Court of New York, Second Department
Oct 6, 2009
66 A.D.3d 625 (N.Y. App. Div. 2009)

Opinion

No. 2009-04397.

October 6, 2009.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (McCarty, J.), dated April 20, 2009, which denied, as untimely, his motion for summary judgment dismissing the complaint.

Wilson Elser Moskowitz Edelman Dicker LLP, New York, N.Y. (Richard E. Lerner of counsel), for appellant.

Stephen N. Preziosi, New York, N.Y., for respondent.

Before: Fisher, J.P., Balkin, Hall and Austin, JJ., concur.


Ordered that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in denying, as untimely, the defendant's motion for summary judgment dismissing the complaint. The excuses proffered by the defendant were insufficient to constitute good cause for the delay in making his motion ( see CPLR 3212 [a]; Miceli v State Farm Mut. Auto. Ins. Co., 3 NY3d 725; Brill v City of New York, 2 NY3d 648, 652; Baldessari v Caines, 61 AD3d 904, 905; Giudice v Green 292 Madison, LLC, 50 AD3d 506).

In any event, summary judgment would not have been properly awarded to the defendant on the merits.


Summaries of

Chechile v. Magee

Appellate Division of the Supreme Court of New York, Second Department
Oct 6, 2009
66 A.D.3d 625 (N.Y. App. Div. 2009)
Case details for

Chechile v. Magee

Case Details

Full title:ANTHONY CHECHILE, Respondent, v. NATHANIEL MAGEE, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 6, 2009

Citations

66 A.D.3d 625 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 7217
885 N.Y.S.2d 641

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