Tafsiou v. Acres

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Fartnow, J.), dated April 12, 2011, which denied its motion for summary judgment dismissing the complaint on the ground that the motion was untimely.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Kings County, for *996a determination of the merits of the defendant’s motion for summary judgment.

The defendant contends that the Supreme Court erred in denying its motion for summary judgment dismissing the complaint…