Appellate Division of the Supreme Court of the State of New York February 9, 2016, 145 109064/11 (Winfield v. Monticello Senior Housing Associates)

Order, Supreme Court, New York County (Anil C. Singh, J.), entered April 9, 2015, which denied defendant Monticello Senior Housing Associates’ motion for summary judgment as untimely, unanimously affirmed, without costs.

Supreme Court providently exercised its discretion in denying defendant’s motion as untimely

(Fine v One Bryant Park, LLC,

84 AD3d 436, 437 [1st Dept 2011]).