Broderick v. Cohen

In an action to recover fees for legal and other services rendered, the defendants appeal from an order of the Supreme Court, Queens County (LaTorella, J.), dated December 19, 1997, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court was incorrect in its determination that the defendants’ motion for summary judgment was untimely. A 1996 amendment to CPLR 3212 (a), effective January 1, 1997 *731(see, L 1996, ch 492), requires that a motion for summary judgment be made within 120 days after the filing of the note…