HILTON v. CITY OF NEW ROCHELLE

ORDERED that the judgment is reversed, as a matter of discretion, with costs, the defendant's oral application for summary judgment dismissing the complaint is denied, and the complaint is reinstated.

The Supreme Court improvidently exercised its discretion in entertaining the defendant's oral application for summary judgment, which was made after jury selection had been completed. The defendant failed to demonstrate good cause for its inordinate delay in seeking summary judgment (see CPLR 3212(a); Dono v. Bar Biz Rest. Equip. Corp., 292 A.D.2d 494; Caiola v. Allcity Ins. Co., 277 A.D.2d 273; Wagner v. City of New York, 271 A.D.2d 439; Scocozza v. Tolia, 262 A.D.2d 548). In any event, the application should have been denied because it was not supported by any motion papers on notice to the plaintiff (see CPLR 2214, 3212[b]; Amoco Oil Co. v. Lucadamo Sons, 260 A.D.2d 516; LaGuardia v. City of New York, 237 A.D.2d 257; Double A. Limousine Serv. v. New York, N.Y. Limousine Serv., 130 A.D.2d 403).

ALTMAN, J.P., GOLDSTEIN, H. MILLER and RIVERA, JJ., concur.