Montenegro v. City of New York
This text of 270 A.D.2d 19 (Montenegro v. City of New York) 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, New York County (Richard Braun, J.), entered December 16, 1998, which, insofar as appealed from, denied defendant-appellant’s motion for summary judgment as untimely, unanimously affirmed, without costs.
The motion was untimely even if the 120-day limit in CPLR 3212 (a) were to be measured from the return of the last deposition transcript rather than the filing of the note of issue (see, Kearns v City of New York, 263 AD2d 412). Concur — Nardelli, J. P., Tom, Lerner, Rubin and Friedman, JJ.
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Cite This Page — Counsel Stack
270 A.D.2d 19, 703 N.Y.S.2d 723, 2000 N.Y. App. Div. LEXIS 2253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montenegro-v-city-of-new-york-nyappdiv-2000.