NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
December 17, 2009
FEDERICO FONTANEZ, PLAINTIFF-RESPONDENT,
MARC SAMUEL LAZARUS, ET AL., DEFENDANTS,
DAVID BORENSTEIN, M.D., DEFENDANT-APPELLANT.
Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered October 14, 2008, which, in an action for personal injuries, upon reargument, denied, as untimely, defendant-appellant's motion for summary judgment dismissing the complaint as against him, unanimously affirmed, without costs.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Gonzalez, P.J., Mazzarelli, Nardelli, Acosta, RomÁn, JJ.
In a stipulation so-ordered by the court, any motions by defendants for summary judgment were to be "served and filed" by November 21, 2007, and that while appellant served its motion on November 21, it did not file it until November 30. Accordingly, appellant was required, but failed, to show good cause for the late filing (Corchado v City of New York, 64 AD3d 429 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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