Opinion
11706N Index 301573/2016
06-25-2020
Naazneen RAHMAN, Plaintiff-Appellant, v. Zamena RAHMAN, Defendant-Respondent.
Law Offices of Barry S. Gedan, Riverdale (Barry S. Gedan of counsel), for appellant. Joseph A. Altman, P.C., Bronx (Joseph A. Altman of counsel), for respondent.
Law Offices of Barry S. Gedan, Riverdale (Barry S. Gedan of counsel), for appellant.
Joseph A. Altman, P.C., Bronx (Joseph A. Altman of counsel), for respondent.
Friedman, J.P., Richter, Gesmer, Oing, Singh, JJ.
Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered on or about April 12, 2019, which denied plaintiff's motion to extend certain notices of pendency, unanimously affirmed, without costs.
The court providently denied plaintiff's motion to extend the notices of pendency on the ground that she failed to show good cause for the extension, i.e., that the need for the extension did not result from her own delay in prosecuting the action (see Petervary v. Bubnis, 30 A.D.3d 498, 499, 819 N.Y.S.2d 267 [2d Dept. 2006] ; Tomei v. Pizzitola, 142 A.D.2d 809, 530 N.Y.S.2d 691 [3d Dept. 1988] ). Plaintiff asserted that the delay was caused by her lawyer's illness and death from cancer. However, she offered no details about the illness or its effect on the lawyer's work. Moreover, as the court noted, counsel died more than two years after the notices were filed and the action commenced, and during that time plaintiff had done virtually nothing to advance the case. Among other things, she failed to comply with a discovery order that expressly granted defendant priority in discovery.