Legal Opinion
Russo v. Eveco Development Corp.
Appellate Division of the Supreme Court of the State of New York
Decided December 28, 1998PublishedCited by 14 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (DiNoto, J.), dated January 13, 1998, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The Supreme Court erred in denying the defendants’ motion for summary judgment as untimely under CPLR 3212 (a). To be timely, a motion for summary judgment must be made no later than 120 days after the filing of the note of issue (see, CPLR 3212…
2Cases cited4 opinions
- Matter of NathanielNew York Court of Appeals · 1986
- Kraemer v. K-Mart CorporationAppellate Division of the Supreme Court of the State of New York · 1996
- Pilato v. DiamondAppellate Division of the Supreme Court of the State of New York · 1994
- Gross v. LewisNew York Court of Appeals · 1959
3Cited by14 opinions
- Rivera v. Glen Oaks Village Owners, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Fielding v. Rachlin Management Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Gazes v. BennettAppellate Division of the Supreme Court of the State of New York · 2007
- Nichilo v. B.F.N. Realty Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Kitkas v. Windsor Place Corp.Appellate Division of the Supreme Court of the State of New York · 2008
9 more not listed; retrieve them via the Exa API.