Shmulevich v. Gabbidon

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (Dunne, J.), dated February 5, 1998, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

CPLR 3212 (a), as amended effective January 1, 1997, requires a motion for summary judgment to be made within 120 days after the filing of the note of issue, except with leave of court on good cause shown (see, CPLR 3212 [a], as amended by L 1996, ch 492). The plaintiffs filed their note of issue in December 1996.…