LYONS v. DONNELLY

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 NY3d 648). The defendant failed to show "good cause" for the substantial delay between the filing of the note of issue and the making of the subject motion ( see Soltes v 260 Waverly Owners, Inc., 42 AD3d 565, 565-566; Jones v Ricciardelli, 40 AD3d 936). Thus, the defendant's motion should have been denied without consideration of the merits.