Davidson v. Brisman

In an action, inter alia, to recover damages for dental malpractice, the defendant appeals from an order of the Supreme Court, Kings County (Levine, J.), dated August 4, 2006, which denied his motion to deem his then-pending summary judgment motion timely served.

Ordered that the order is affirmed, with costs.

It is undisputed that rule 13 of the Uniform Civil Trial Rules of the Supreme Court, Kings County, required that the defendant’s motion for summary judgment be served within 60 days of the filing of the note of issue (see CPLR 3212 [a]). The defendant contends that the note of issue filed…