Walia v. Jodro Cab Corp.

Full title: Balbir WALIA, Plaintiff–Appellant, v. JODRO CAB CORP. and Grigory…

Court: Supreme Court, Appellate Term, New York, First Department.

Date published: Oct 22, 2012

37 Misc. 3d 133 (N.Y. App. Div. 2012)

2012 N.Y. Slip Op. 52014

961 N.Y.S.2d 362

Opinion

No. 570003/08.

2012-10-22

Balbir WALIA, Plaintiff–Appellant, v. JODRO CAB CORP. and Grigory Gayevskiy, Defendants–Respondents.

PER CURIAM.

Plaintiff appeals from a judgment of the Civil Court of the City of New York, New York County (Joan M. Kenney, J.), entered March 12, 2003, upon an order which granted defendants' oral application seeking, in effect, summary judgment dismissing the complaint.
Present: LOWE, III, P.J., SCHOENFELD, TORRES, JJ.

PER CURIAM.

Judgment entered March 12, 2003 (Joan M. Kenney, J.), reversed, complaint reinstated and matter remanded for further proceedings, with $30 costs to abide the event.

Defendant's eleventh hour oral application seeking, in effect, summary judgment dismissal of plaintiff's personal injury action, should not have been entertained. The oral application was not supported by any motion papers, no formal motion was made on notice to the plaintiff, and the application was made at a final settlement conference ordered by the court more than 120 days after the notice of trial had been filed, without any showing of good cause ( seeCPLR 3212[a]; Brill v. City of New York, 2 NY3d 648 [2004];Williams v. Naylor, 69 AD3d 588 [2009] ).