Tower Ins. Co. of N.Y. v Hong Kong Supermarket, Inc., 2015 NY Slip Op 02404 [126 AD3d 585]

March 24, 2015

Appellate Division, First Department

[*1]

Tower Insurance Company of New York, as Subrogee of A&M East Broadway LLC, et al., Respondents,

v

Hong Kong Supermarket, Inc., Appellant, and PCK Realty, Inc., Respondent.

Ropers Majeski Kohn & Bentley, P.C., New York (Scott W. Bermack and Michelle Gordon of counsel), for appellant.

Law Office of Steven G. Fauth, LLC, New York (Steven G. Fauth of counsel), for Tower Insurance Company and Castlepoint Insurance Company, respondents.

David S. Kritzer & Associates, PC, Smithtown (David S. Kritzer of counsel), for PCK Realty, Inc., respondent.

Order, Supreme Court, New York County (Lucy Billings, J.), entered July 3, 2013, which denied as untimely the motion of defendant Hong Kong Supermarket, Inc. for summary judgment dismissing the complaint as against it, unanimously reversed, on the law and the facts, without costs, and the matter remanded for a determination of the motion on the merits.

The motion court granted Hong Kong’s request for an extension of the summary judgment deadline in a closely related consolidated action, but determined that Hong Kong’s [*2] summary judgment motion in this action was untimely. Under the specific circumstances of this case, the court should have found that good cause existed to review Hong Kong’s motion for summary judgment on the merits ( see CPLR 3212 [a]). Concur—Gonzalez, P.J., Richter, Manzanet-Daniels and Kapnick, JJ..