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LESLIE ANN BRODY, plf-res, v. PROPARK AMERICA, def-ap, THE CITY OF NEW YORK def-res

3588. LESLIE ANN BRODY, plf-res, v. PROPARK AMERICA, def-ap, THE CITY OF NEW YORK def-res — The Law Offices of Charles J. Siegel, New York (Heather M. Palmore of counsel), for ap — Joseph T. Mullen, Jr. & Associates, New York (Neil A. Zirlin of counsel), for Leslie Ann Brody, res — Zachary W. Carter, Corporation Counsel, New York (Victoria Scalzo of counsel), for the City of New York, res — Eustace, Marquez, Epstein, Prezioso & Yapchanyk, New York (Kimberly Brown of counsel), for Apple Industrial Development Corp. and New York City Economic Development Corp., res — Order, Supreme Court, New York County (James E. d'Auguste, J.), entered December 1, 2005, which denied defendant Propark America's motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

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3588. LESLIE ANN BRODY, plf-res, v. PROPARK AMERICA, def-ap, THE CITY OF NEW YORK def-res — The Law Offices of Charles J. Siegel, New York (Heather M. Palmore of counsel), for ap — Joseph T. Mullen, Jr. & Associates, New York (Neil A. Zirlin of counsel), for Leslie Ann Brody, res — Zachary W. Carter, Corporation Counsel, New York (Victoria Scalzo of counsel), for the City of New York, res — Eustace, Marquez, Epstein, Prezioso & Yapchanyk, New York (Kimberly Brown of counsel), for Apple Industrial Development Corp. and New York City Economic Development Corp., res — Order, Supreme Court, New York County (James E. d’Auguste, J.), entered December 1, 2005, which denied defendant Propark America’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Propark’s motion for summary judgment was untimely, and Propark failed to offer “good cause,” or any explanation at all, for the delay in making it (see CPLR 3212[a]; Brill v. City of New York, 2 NY3d 648, 652 [2004]).

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