First Union Auto Finance, Inc. v. Donat
Citation | 791 N.Y.S.2d 596,16 A.D.3d 372,2005 NY Slip Op 01676 |
Decision Date | 07 March 2005 |
Docket Number | 2004-02639. |
Parties | FIRST UNION AUTO FINANCE, INC., Respondent, v. JOSEPH DONAT, Appellant, and RAMP CHEVROLET, INC., Respondent. |
Court | New York Supreme Court Appellate Division |
Ordered that one bill of costs is awarded to the appellant.
The Supreme Court's order, which was issued before the ruling of the Court of Appeals in Brill v City of New York (2 NY3d 648 [2004]), erroneously granted the motion and the cross motion. It is uncontroverted that the plaintiff's motion, and the cross motion of the defendant Ramp Chevrolet, Inc. (hereinafter Chevrolet), were made more than 60 days after the note of issue was filed. Since it is also uncontroverted by the plaintiff and Chevrolet that rule 13 of the Uniform Civil Trial Rules of the Supreme Court, Kings County, provides that summary judgment motions must be made within 60 days of the filing of the note of issue, in this case, pursuant to CPLR 3212 (a), the merits of the motion should not have been considered unless good cause was shown for the delay.
Neither the plaintiff nor Chevrolet even alleged, let alone showed, the existence of such good cause. Furthermore, contrary to the...
To continue reading
Request your trial-
Foreman v. Town of Oyster Bay
...it has knowledge” (Benjamin v. City of New York, 64 N.Y.2d 44, 46, 484 N.Y.S.2d 525, 473 N.E.2d 753 ; Engelhart v. County of Orange, 16 A.D.3d at 372, 790 N.Y.S.2d 704 ; Muzich v. Bonomolo, 209 A.D.2d 387, 388–389, 618 N.Y.S.2d 437 ).Here, the Town established its prima facie entitlement to......
-
Dolub v. Shpolyansky
...motions made by parties other than the City of New York must be made within sixty (60) days. See First Union Auto Fin., Inc. v. Donat, 16 A.D.3d 372, 372, 791 N.Y.S.2d 596, 597 [2d Dept 2005]. It is true that a cross-motion can be entertained in some circumstances when the initial motion wa......
-
Bennett v. State Farm Fire & Cas. Co.
...819 N.E.2d 995 ; Brill v. City of New York, 2 N.Y.3d at 652, 781 N.Y.S.2d 261, 814 N.E.2d 431 ; First Union Auto Fin., Inc. v. Donat, 16 A.D.3d 372, 373, 791 N.Y.S.2d 596 ), and should have denied the motion.In light of our determination on the cross appeals, the appeal has been rendered ac......
-
Bennett v. State Farm Fire & Cas. Co.
...v State Farm Mut. Auto. Ins. Co., 3 N.Y.3d 725, 726; Brill v City of New York, 2 N.Y.3d at 652; First Union Auto Fin., Inc. v Donat, 16 A.D.3d 372, 373), and should have denied the motion. In light of our determination on the cross appeals, the appeal has been rendered academic. RIVERA, J.P......