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Jerry v. N.Y.C. Housing Auth

Appellate Division of the Supreme Court of New York, Second Department
Jul 16, 2001
285 A.D.2d 531 (N.Y. App. Div. 2001)

Opinion

Argued April 24, 2001.

July 16, 2001.

In an action, inter alia, to recover damages for personal injuries, the defendant New York City Housing Authority appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Taylor, J.), dated April 7, 2000, as denied its motion for summary judgment dismissing the complaint insofar as asserted against it as untimely.

Herzfeld Rubin, P.C., New York, N.Y. (Herbert Rubin, David B. Hamm, and Noreen M. Giusti of counsel), for appellant.

Krinsky Musumeci, New York, N.Y. (Carmine V. Musumeci and Whitney Matza of counsel), for respondent.

Before: DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, HOWARD MILLER, NANCY E. SMITH, JJ.


ORDERED that the order is reversed insofar as appealed from, as a matter of discretion, with costs, and the matter is remitted to the Supreme Court, Queens County, to determine the appellant's motion for summary judgment dismissing the complaint insofar as asserted against it on the merits.

Under the circumstances of this case, the Supreme Court improvidently exercised its discretion in denying the appellant's motion for summary judgment dismissing the complaint insofar as asserted against it as untimely (see, CPLR 3212[a]; Gonzalez v. 98 Mag Leasing Corp., 95 N.Y.2d 124; Medina v. Barbaro, 279 A.D.2d 615; Zwecker v. Clinch, 279 A.D.2d 572; Goodman v. Gudi, 264 A.D.2d 758). The motion was made only three days after the 120day period had expired (see, CPLR 3212[a]), as well as before a pretrial conference had been scheduled. Furthermore, the plaintiffs failed to demonstrate any prejudice from the delay.

RITTER, J.P., KRAUSMAN, H. MILLER and SMITH, JJ., concur.


Summaries of

Jerry v. N.Y.C. Housing Auth

Appellate Division of the Supreme Court of New York, Second Department
Jul 16, 2001
285 A.D.2d 531 (N.Y. App. Div. 2001)
Case details for

Jerry v. N.Y.C. Housing Auth

Case Details

Full title:VIKKII JERRY, ETC., respondent, v. NEW YORK CITY HOUSING AUTHORITY…

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

Date published: Jul 16, 2001

Citations

285 A.D.2d 531 (N.Y. App. Div. 2001)
728 N.Y.S.2d 497

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