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In an action, inter alia, to recover damages pursuant to 42 USC § 1983, the plaintiffs appeal from an order of the Supreme Court, Rockland County (O'Rourke, J.), entered March 3, 2004, which granted the defendants' motion, following a mistrial, for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is denied, and the complaint is reinstated.

The Supreme Court improvidently exercised its discretion in entertaining, following a mistrial, the defendants' motion for summary judgment dismissing the complaint, as it was made after the 120-day deadline set forth in CPLR 3212 (a), and the defendants failed to establish good cause for the delay (see Brill v City of New York, 2 NY3d 648 [2004]; Thompson v New York City Bd. of Educ., 10 AD3d 650, 651 [2004]).

In the absence of a "good cause" showing, a court has no discretion to entertain even a meritorious, nonprejudicial summary judgment motion (Brill v City of New York, supra at 652; see Thompson v New York City Bd. of Educ., supra). Therefore, the Supreme Court erred in granting the defendant's motion for summary judgment. [*2]

In light of our determination, we need not consider the parties' remaining contentions. Cozier, J.P., Luciano, Crane and Skelos, JJ., concur.