Kampf v. Bank of New York

Order, Supreme Court, New York County (Harold Tompkins, J.), entered April 28, 1998, which denied as untimely the motion by defendant Lawn Care of Hampton Bays for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion granted, and the complaint dismissed as against said defendant. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint as against it.

Any party to an action may move for summary judgment within 120 days after note of issue is filed, unless the court has set a shorter deadline of not less…