Dono v. Bar Biz Restaurant & Equipment Corp.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Weiss, J.), dated March 28, 2001, which granted the defendant’s motion for leave to make a late motion for summary judgment and, upon granting such leave, granted summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The Supreme Court improvidently exercised its discretion in allowing the defendant to move for summary judgment more than 120 days after the filing of…