Legal Opinion
Gazes v. Bennett
Appellate Division of the Supreme Court of the State of New York
Decided March 13, 2007PublishedCited by 9 opinions
1Opinion of the Court
*288Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered April 14, 2006, which denied defendant’s motion for summary judgment as untimely, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment accordingly.
Initially, we find that the motion court erred when it held that defendant’s motion was untimely pursuant to CPLR 3212 (a). A motion is “made” when the notice of motion is served (CPLR 2211; Rivera v Glen Oaks Vil. Owners, Inc., 29 AD3d 560, 561 [2006]; Russo v Eveco Dev. Corp., 256 AD2d 566,…
2Cases cited4 opinions
- Pinto v. AnconaAppellate Division of the Supreme Court of the State of New York · 1999
- Rivera v. Glen Oaks Village Owners, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Russo v. Eveco Development Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- National Financial Co. v. UhAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by9 opinions
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- Barranco v. Cabrini Medical CenterAppellate Division of the Supreme Court of the State of New York · 2008
- Aqeel v. Tony Casale, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Hutchinson v. WellerAppellate Division of the Supreme Court of the State of New York · 2012
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