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CHECHILE v. MAGEE

2009-04397.

66 A.D.3d 625 (2009)

885 N.Y.S.2d 641

2009 NY Slip Op 7217

ANTHONY CHECHILE, Respondent, v. NATHANIEL MAGEE, Appellant.

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

Decided October 6, 2009.

Ordered that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in denying, as untimely, the defendant's motion for summary judgment dismissing the complaint. The excuses proffered by the defendant were insufficient to constitute good cause for the delay in making his motion (see CPLR 3212 [a]; Miceli v State Farm Mut. Auto. Ins. Co., 3 N.Y.3d...

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