In this action to recover damages stemming from a motor-vehicle accident, the Appellate Division, Second Department, in accordance with the Horn Appellate Group’s arguments on appeal, reversed the lower court’s order “on the law” and denied Defendants’ motion for summary judgment, reasoning that Defendant’s motion was untimely under CPLR 3212(a), Defendants failed to demonstrate good cause for the delay, and the lower court erred as a matter of law in acknowledging the absence of good cause and granting the motion anyway.
