Cohen Seglias Pallas Greenhall & Furman PC, New York (Jason A. Copley and Gary J. Repke, Jr. of counsel), for appellants.

Dreifuss Bonacci & Parker, PC, New York (JoAnne M. Bonacci of counsel), for respondents.

Order, Supreme Court, New York County (Barry R. Ostrager, J.), entered on or about November 18, 2020, which denied as untimely plaintiff's motion to maintain its seventh cause of action, to enforce a statutory trust, as a class action, unanimously reversed, on the law, without costs, and the matter remanded for further proceedings consistent herewith.

Plaintiff's motion for class certification should not have been denied as untimely because plaintiff demonstrated good cause under CPLR 2004 for its brief, nonprejudicial delay in moving (see Gerard v Clermont York Assoc. LLC, 143 AD3d 478 [1st Dept 2016]; Galdamez v Biordi Constr. Corp., 50 AD3d 357 [1st Dept 2008]). Accordingly, we remand the matter for consideration of the merits of the motion. Concur—Kern, J.P., Moulton, Mendez, Shulman, Higgitt, JJ.