Legal Opinion

Montenegro v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided March 2, 2000Published

1Opinion of the Court

—Order, Supreme Court, New York County (Richard Braun, J.), entered December 16, 1998, which, insofar as appealed from, denied defendant-appellant’s motion for summary judgment as untimely, unanimously affirmed, without costs.

The motion was untimely even if the 120-day limit in CPLR 3212 (a) were to be measured from the return of the last deposition transcript rather than the filing of the note of issue (see, Kearns v City of New York, 263 AD2d 412). Concur — Nardelli, J. P., Tom, Lerner, Rubin and Friedman, JJ.

2Cases cited1 opinion

  1. Kearns v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999