Opinion
Submitted December 1, 1999
December 27, 1999
In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Polizzi, J.), dated August 24, 1998, which granted the defendants' respective motions, inter alia, for summary judgment dismissing the complaint insofar as asserted against them.
Guy Barbieri, Mineola, N.Y., for appellants.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Francis F. Caputo and Elizabeth I. Freedman of counsel), for respondent City of New York.
Marino, Tudisco Scharf, LLP, White Plains, N.Y. (Arthur J. Marino of counsel), for respondent Queens Boulevard Trust.
CORNELIUS J. O'BRIEN, J.P., THOMAS R. SULLIVAN, GLORIA GOLDSTEIN, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law and as a matter of discretion, with one bill of costs, the motions are denied, and the complaint and all cross claims are reinstated.
CPLR 3212(a), as amended effective January 1, 1997, requires a motion for summary judgment to be made within 120 days after the filing of the note of issue, except with leave of court on good cause shown (see, CPLR 3212[a], as amended by L 1996, ch 492). The plaintiffs filed their note of issue in April 1997. The defendants' respective motions for summary judgment were made in May 1998, more than 120 days after the filing of the note of issue, and without a showing of good cause for the delay (see, Scocozza v. Tolia, 262 A.D.2d 548 [2d Dept., June 21, 1999]; Deinhardt v. Vought, 258 A.D.2d 432 ; Anzalone v. Varis, 254 A.D.2d 381 ; Krug v. Jones, 252 A.D.2d 572 ; Phoenix Garden Rest. v. Chu, 245 A.D.2d 164 ).
O'BRIEN, J.P., SULLIVAN, GOLDSTEIN, LUCIANO, and FEUERSTEIN, JJ., concur.