Rodriguez v. Board of Education

—In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Westchester County (Nastasi, J.), entered January 14, 2002, 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.

Contrary to the Supreme Court’s conclusion, the defendants’ motion for summary judgment was timely. CPLR 3212 (a) provides that if no date is set by the court, a motion for summary judgment shall be made no later than 120 days after…