Luciano v. Apple Maintenance & Services, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Bertram Katz, J.), entered on or about January 24, 2001, which denied defendant’s summary judgment motion as untimely, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint.
CPLR 3212 (a), as amended (eff Jan. 1, 1997), requires a motion for summary judgment to be made within 120 days of the filing of note of issue, “except with leave of court on good cause shown.” Plaintiffs filed their note of issue on June 15, 2000. The mailing of that…
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