RIPEPE v. CROWN EQUIPMENT CORPORATION

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Docket Number

2001-09618

Advocates

Carroll, McNulty Kull, LLC, New York, N.Y. (Christopher R. Carroll, James Gunson, Lyse M. Garant, and Brian Stapleton of counsel), for appellant. Gladstein Isaac, New York, N.Y. (Allen H. Isaac and Brian J. Isaac of counsel), for respondents-appellants.

Judges

Robert J. Miller
William F. Mastro

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ARTHUR RIPEPE, ET AL., respondents-appellants, v. CROWN EQUIPMENT CORPORATION, ET AL., respondents, MAYBURY CORPORATION, appellant (AND A THIRD-PARTY ACTION).

DECISION ORDER

ORDERED that the appeal by the plaintiffs is dismissed as abandoned (see 22 NYCRR 670.8[c],[e]); and it is further,

ORDERED that the order is affirmed insofar as appealed from by the defendant Maybury Corporation; and it is further,

ORDERED that one bill of costs is awarded to the plaintiffs.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in denying the cross motion of the defendant Maybury Corporation for summary judgment as untimely (see CPLR 3212[a]). The cross motion was filed 17 days after the court-ordered deadline for the filing of motions (see CPLR 3212[a]), and there was no showing of good cause for this delay (see Kaminski v. Modern Italian Bakery of W. Babylon, 282 A.D.2d 652, 653; Anzalone v. Varis, 254 A.D.2d 381).

ALTMAN, J.P., S. MILLER, ADAMS and MASTRO, JJ., concur.

ARTHUR RIPEPE, ET AL., respondents-appellants, v. CROWN EQUIPMENT CORPORATION, ET AL., respondents, MAYBURY CORPORATION, appellant (AND A THIRD-PARTY ACTION).

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