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LYONS v. DONNELLY

54 A.D.3d 393 (2008)

862 N.Y.S.2d 291

MALACHY LYONS, JR., Appellant, v. PAUL J. DONNELLY, JR., Respondent.

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

August 19, 2008.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion is denied.

CPLR 3212 (a) provides that a motion for summary judgment may not be made more than 120 days after the filing of the note of issue "except with leave of court on good cause shown" (see generally Brill v City of New York, 2 N.Y.3d 648 [2004]). The defendant failed to show "good cause" for the substantial delay between the filing...

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