Montenegro v. City of New York
270 A.D.2d 19, 703 N.Y.S.2d 723, 2000 N.Y. App. Div. LEXIS 2253
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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Montenegro v. City of New York, 270 A.D.2d 19, 703 N.Y.S.2d 723, 2000 N.Y. App. Div. LEXIS 2253 (N.Y. Ct. App. 2000).
270 A.D.2d 19 (Montenegro v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Kearns v. City of New York
263 A.D.2d 412 (Appellate Division of the Supreme Court of New York, 1999)