Legal Opinion
Almonte v. Shara Associates
Appellate Division of the Supreme Court of the State of New York
Decided March 26, 1998PublishedCited by 5 opinions
1Opinion of the Court
—Order, Supreme Court, Bronx County (Howard Silver, J.), entered October 1, 1997, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
We affirm for the following reasons: Defendants’ summary judgment motion was untimely, having been made more than 120 days after both the filing of the note of issue and the effective date (January 1, 1997) of the recent amendment to CPLR 3212 (a) (see, Phoenix Garden Rest, v Chu, 245 AD2d 164). In any event, we agree with the IAS Court that a question of fact exists as to whether the assailants…
2Cases cited3 opinions
- Phoenix Garden Restaurant, Inc. v. ChuAppellate Division of the Supreme Court of the State of New York · 1997
- Burgos v. Aqueduct Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- Naranjo v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by5 opinions
- Krug v. JonesAppellate Division of the Supreme Court of the State of New York · 1998
- Madera v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1999
- Rich v. CianoAppellate Division of the Supreme Court of the State of New York · 1998
- Kearns v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Little v. City of New YorkNew York Supreme Court · 2000