AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number

MICHELLE MIZELL, Appellant, v. EASTMAN BIXBY REDEVELOPMENT Co., LLC, et al., Respondents.

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is denied.

Contrary to the defendants' contentions, Brill v City of New York ( 2 NY3d 648) applies to cases such as the present one, where a movant makes a motion for summary judgment after the expiration of a court-ordered deadline which is shorter than the 120-day deadline set forth in CPLR 3212 (a) ( see Miceli v State Farm Mut. Auto. Ins. Co., 3 NY3d 725; Brooks v Ross, 24 AD3d 589). Since the defendants failed to demonstrate the existence of good cause for their failure to make their motion for summary judgment prior to the expiration of the court-ordered deadline, the Supreme Court should have denied the motion.

Use AI to get other relevant cases.

Comments

MIZELL v. EASTMAN BIXBY REDEVELOPMENT CO
(Nov 28, 2006)