Jackson v Jamaica First Parking, LLC
2008 NY Slip Op 01918 [49 AD3d 501]
March 4, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


Cheryl Jackson, Respondent,
v
Jamaica First Parking, LLC, Appellant, and City of New York, Respondent.

[*1] Friedman, Harfenist, Langer & Kraut, LLP, Lake Success, N.Y. (Steven J. Harfenist, Andrew C. Lang, and Heather L. Smar of counsel), for appellant.

Jacoby & Meyers, LLP, Newburgh, N.Y. (Finkelstein & Partners [Kara Campbell] of counsel), for plaintiff-respondent.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Kristin M. Helmers and Janet L. Zaleon of counsel), for defendant-respondent.

In an action to recover damages for personal injuries, the defendant Jamaica First Parking, LLC, appeals from an order of the Supreme Court, Queens County (Flug, J.), dated October 6, 2006, which denied, as untimely, its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

Ordered that the order is affirmed, with one bill of costs.

The Supreme Court correctly denied the appellant's motion as untimely, as the appellant failed to demonstrate "good cause" for making its motion after the 120-day deadline imposed by CPLR 3212 (a) had passed (see Brill v City of New York, 2 NY3d 648 [2004]; Coty v County of Clinton, 42 AD3d 612 [2007]). The record contains no proof that outstanding discovery prevented the appellant from making a timely motion for summary judgment (see Espejo v Hiro Real Estate Co., 19 AD3d 360 [2005]).

In light of our determination, we need not reach the appellant's remaining [*2]contentions. Mastro, J.P., Florio, Miller and Dickerson, JJ., concur.