Szabo v. XYZ, Two Way Radio Taxi Ass'n

—Order, Supreme Court, New York County (Lorraine Miller, J.), entered January 28, 1999, denying defendant-appellant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs or disbursements, and the motion granted. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint as against it.

At a compliance conference on July 30, 1998 in this personal injury action involving a pedestrian knockdown, defendants’ deadline to move for summary judgment was fixed by court order as “within 60 days of note of issue.”…