Hardin, Kundla, McKeon & Poletto, P.A., New York (Ian M.
Friend of counsel), for the Corporate Source, Inc.,
Altman Law Firm, PLLC, New York (Michael T. Altman of
counsel), for Patricia Kenny, appellant.
& Roth, LLP, New York (David Roth of counsel), for
Malapero & Prisco LLP, New York (Paul Carney of counsel),
for Turner Construction Company, respondent.
& De Chiara LLP, New York (Bill P. Chimos of counsel),
for Richards Meier & Partners, respondent.
McCabe LLP, New York (Jonathan H. Krukas of counsel), for
Michael Harris Spector, AIA, P.C., the Spector Group, Spector
Group Home, LLC and Spector Associates, LLP, respondents.
& O'Neill, LLP, New York (Dominic Donato of counsel),
for Ysrael A. Seinuk, P.C, respondent.
Westermann Sheehy Keenan Samaan & Aydelott, LLP,
Uniondale (Joanne Emily Bell of counsel), for Kings County
Waterproofing Corp., respondent.
Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis
& Fishlinger, Uniondale (Michael T. Reagan of counsel),
for Coken Company, Inc., respondent.
Renwick, J.P., Manzanet-Daniels, Andrias, Kern, Oing, JJ.
Supreme Court, New York County (Carol R. Edmead, J.), entered
Match 16, 2015, which, to the extent appealed from, denied
defendant Corporate Source, Inc.'s motion for summary
judgment dismissing the complaint and all cross claims
against it, unanimously affirmed, without costs. Order, same
court and Justice, entered on or about October 14, 2015,
which, upon reargument, adhered to the determination on the
original motion, granting defendants Turner Construction
Company's, Kings County Waterproofing Inc.'s, Coken
Company, Inc.'s, Richard Meier & Partners, Michael
Harris Spector, AIA, P.C. a/k/a and d/b/a the Spector Group
and Spector Group Home, LLC and Spector Associates,
LLP's, and Ysreal A. Seinuk, P.C.'s motions for
summary judgment dismissing the complaint as against them,
unanimously affirmed, without costs.
court providently exercised its discretion in denying as
untimely Corporate Source's motion for summary judgment
dismissing the complaint as against it (see Brill v City
of New York, 2 N.Y.3d 648');">2 N.Y.3d 648 ; CPLR 3212[a]).
Counsel's excuse that the attorney handling the matter
had been on trial for two weeks does not constitute good
cause, i.e., "a satisfactory explanation for the
untimeliness" (id. at 652; see Maschi v
City of New York, 110 A.D.3d 460');">110 A.D.3d 460 [1st Dept 2013]). Nor
does the fact that the case is complicated and voluminous
constitute good cause. We note that 14 other parties to the
case made timely motions.
was injured, in 2005, when she fell on a patch of ice in the
parking garage of a courthouse where she worked. The
construction of the courthouse, including the garage, had
been completed in 2000. Plaintiff's theory of liability
is that defendants owe her a duty of care because they
negligently caused the conditions, thereby launching a force
of harm, that injured her (see Espinal v Melville Snow
Contrs., 98 N.Y.2d 136');">98 N.Y.2d 136 ).
Construction, the general contractor, demonstrated that it
owes plaintiff no duty of care since it did not perform the
alleged defective work, and its contractual obligation to the
owner to supervise the project did not create a duty of care
to plaintiff (see Timmins v Tishman Constr. Corp., 9
A.D.3d 62, 68 [1st Dept 2004], lv ...