BELLA GUBENKO, plf-ap, v. THE CITY OF NEW YORK def-res

11050. BELLA GUBENKO, plf-ap, v. THE CITY OF NEW YORK def-res — CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Third-Party plfres, v. FELIX EQUITIES, INC., Third Party def-res — FELIX EQUITIES, INC., Fourth Party plf-res, v. NICO ASPHALT PAVING, INC., Fourth Party def-res — Novo Law Firm, P.C., New York (James S. Paglinawan of counsel), for ap — Michael A. Cardozo, Corporation Counsel, New York (Jane L. Gordon of counsel), for The City of New York, res — Carole A. Borstein, New York (Stephen T. Brewi of counsel), for Consolidated Edison Company of New York, Inc., res — London Fischer LLP, New York (James Walsh of counsel), for Felix Equities, Inc., res — Law Office of James J. Toomey, New York (Eric P. Tosca of counsel), for Nico Asphalt Paving, Inc., res — Order, Supreme Court, New York County (Arthur F. Engoron, J.), entered June 21, 2012, which, to the extent appealed from as limited by the briefs, granted defendants’ motions for summary judgment dismissing the complaint as against them, unanimously modified, on the law, to deny the City’s motion, and otherwise affirmed, without costs.

Although defendants’ motions were made after the 60-day time limit set by the motion court for summary judgment motions (CPLR 3212[a]), the court properly considered the motions because they sought relief nearly identical to that sought in third-party and fourth-party defendants Felix Equities, Inc.’s and Nico Asphalt Paving, Inc.’s timely motions (see Filannino v. Triborough Bridge & Tunnel Auth., 34 AD3d 280, 281 [1st Dept 2006], appeal dismissed 9 NY3d 862 [2007]; see also Conklin v. Triborough Bridge & Tunnel Auth., 49 AD3d 320, 321 [1st Dept 2008]).