Cambero-Minaya v 211 Schermerhorn Dev., LLC

Holding The Appellate Division modified the lower court’s order to deny the defendants’ untimely cross-motion for summary judgment on common-law negligence and Labor Law §§ 200 and 240(1) claims, while affirming the dismissal of the Labor Law § 241(6) claim. The court also affirmed the denial of the plaintiff’s motion to amend the bill of particulars, finding no extraordinary circumstances to justify the delay after discovery was completed.

The court’s words

once discovery has been completed and the case has been certified for trial, a party will not be permitted to amend the bill of particulars except upon a showing of special and extraordinary circumstances

2026 NY Slip Op 05761, at the official text

Absent a 'satisfactory explanation for the untimeliness,' constituting good cause for the delay, an untimely summary judgment motion must be denied without consideration of the merits

2026 NY Slip Op 05761, at the official text

An untimely motion or cross motion for summary judgment may be considered by the court where a timely motion was made on nearly identical grounds

2026 NY Slip Op 05761, at the official text