PHYLLIS ORLIKOFF FLUG
Zandra D'Ambrosio, Esq., Suris & Associates, P.C., Melville, Attorney for Plaintiff. Nicole Broussard, Assistant Corporation Counsel, Jamaica, Attorney for Defendant.
PHYLLIS ORLIKOFF FLUG, J.
Defendant, the City of New York, moves inter alia for an extension of time to file a motion for summary judgment.
This is an action to recover damages for personal injuries allegedly sustained by plaintiff on December 24, 2008 as a result of a slip and fall due to an icy condition on 78th Street, at or near the intersection of 78th Street and Pitkin Avenue, in the County of Queens, City and State of New York.
CPLR 3212(a) requires motions for summary judgment to be made no later than 120 days after the filing of the note of issue, except with leave of the court on good cause shown (Brill v. City of New York, 2 NY3d 648, 652 [2004] ). “A moving party is required to demonstrate good cause for the delay in making the motion for summary judgment ... rather than simply permitting meritorious, non-prejudicial filings, however tardy.... No excuse at all, or a perfunctory excuse, cannot be good cause” ( Id. at 652).
The Note of Issue was filed on July 6, 2012. Accordingly, any motions for summary judgment were required to be made prior to November 5, 2012. Movant served this motion for an extension on the day the summary judgment deadline expired.
Movant contends that it was unable to file a timely motion for summary judgment due to logistical difficulties arising from Hurricane Sandy, which resulted in Court closures on October 29–30, 2012. However, movant fails to explain why logistical difficulties prevented the service of a summary judgment motion when the same difficulties did not prevent the service of this motion or why the instant motion could not have been served prior to the Hurricane.
Granting this motion to extend the time would encourage procrastination by parties who wait until the last possible moment to make their motions, in the hope that an unexpected event may serve as a basis to grant them even more time in which to move.
Accordingly, defendant's motion is denied, in its entirety.