Coneo v. Washington Heights Hellenic Orthodox Church, Inc.
This text of 33 A.D.3d 484 (Coneo v. Washington Heights Hellenic Orthodox Church, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered on or about October 7, 2005, which denied defendant-appellant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Although the motion was denied for failure to make a prima facie showing of entitlement to summary judgment, it should have been denied as untimely, as it was made more than 120 days after the filing of the note of issue without any reason given for the delay (CPLR 3212 [a]; see Brill v City of New York, 2 NY3d 648, 652 [2004]). Concur—Mazzarelli, J.P, Friedman, Gonzalez, Catterson and Malone, JJ.
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Cite This Page — Counsel Stack
33 A.D.3d 484, 822 N.Y.S.2d 443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coneo-v-washington-heights-hellenic-orthodox-church-inc-nyappdiv-2006.