Andaloro v. Hidden Ponds Development Corp.

In an action to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated November 3, 1999, which denied its motion, in effect, for leave to move for summary judgment more than 120 days after the note of issue was filed, and for summary judgment dismissing the complaint.

Ordered that the order is reversed, as a matter of discretion, with costs, that branch of the defendant’s motion which was, in effect, for leave to move for summary judgment more than 120 days after the note of issue was filed is granted, and the matter…