| Walia v Jodro Cab Corp. |
| 2012 NY Slip Op 52014(U) [37 Misc 3d 133(A)] |
| Decided on October 22, 2012 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from a judgment of the Civil Court of the City of New York, New York
County (Joan M. Kenney, J.), entered March 12, 2003, upon an order which granted defendants'
oral application seeking, in effect, summary judgment dismissing the complaint.
Per Curiam.
Judgment entered March 12, 2003 (Joan M. Kenney, J.), reversed, complaint reinstated and matter remanded for further proceedings, with $30 costs to abide the event.
Defendant's eleventh hour oral application seeking, in effect, summary judgment dismissal of plaintiff's personal injury action, should not have been entertained. The oral application was not supported by any motion papers, no formal motion was made on notice to the plaintiff, and the application was made at a final settlement conference ordered by the court more than 120 days after the notice of trial had been filed, without any showing of good cause (see CPLR 3212[a]; Brill v City of New York, 2 NY3d 648 [2004]; Williams v Naylor, 69 AD3d 588 [2009]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 22, 2012