Majority
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Agate, J.), dated July 7, 2005, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The defendant demonstrated a good cause for its delay in making a motion for summary judgment, and the motion court providently exercised its discretion in entertaining the late motion (see CPLR 3212 [a]; Brill v City of New York, 2 NY3d 648 , 652 [2004]; Olivier v Rodney, 27 AD3d 631 [2006]; Certified Elec. Contr. Corp. v City of New York [Dept. of Transp.], 23 AD3d 596 [2005]; Herrera v Felice Realty Corp., 22 AD3d 723 [2005]). On the merits, the defendant submitted evidence sufficient to establish its entitlement to judgment as a matter of law by demonstrating that the allegedly negligent third-party defendant was an independent contractor, over whom it exercised no control, and not one of its employees (see Kleeman v Rheingold,
Cases cited
- Certified Electrical Contracting Corp. v. City of New York (Department of Transportation) 23 AD3d 596 p. 745
- Herrera v. Felice Realty Corp. 22 AD3d 723 p. 745
- Kleeman v. Rheingold 81 NY2d 270 at 273 p. 746
- Rosenberg v. Equitable Life Assurance Society 79 NY2d 663 at 668 p. 746
- Alvarez v. Prospect Hospital 68 NY2d 320 p. 746