Breuer v. Friedlander

In an action to recover damages for personal injuries, the defendant Susan Kraminer appeals from an order of the Supreme Court, Kings County (Schack, J.), dated July 13, 2015, which denied, as untimely, her motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against her.

Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for a determination of the motion on the merits.

In 2010, the plaintiff allegedly tripped and fell on an uneven sidewalk in Brooklyn. She commenced this action against the defendant Susan Kraminer and others. On January 9, 2015, the plaintiff filed a note of issue, even though discovery was still outstanding. In an order dated February 26, 2015, the Supreme Court, Kings County, Centralized Compliance Part (Schneier, J.H.O.), inter alia, directed the plaintiff, if she be so advised, to depose the defendants by April 14, 2015, and extended the time to move for summary judgment to May 29, 2015. By notice of motion dated May 28, 2015, Kraminer moved for summary judgment dismissing the complaint and all cross claims insofar as asserted against her. The motion was unopposed. The Supreme Court, however, denied Kraminer’s motion, finding that the motion was untimely.

Under the circumstances of this case, the Supreme Court should not have denied, as untimely, Kraminer’s unopposed motion for summary judgment dismissing the complaint and

Rivera, J.P., Sgroi, Duffy and Brathwaite Nelson, JJ., concur.