Bennett v. St. John's Home

I respectfully dissent because I disagree with the majority’s conclusion that plaintiff waived his contention that defendants’ motion for summary judgment should have been denied as untimely. I would therefore reverse the order and judgment, deny defendants’ motion, and reinstate the complaint.

Where, as here, Supreme Court does not schedule a deadline for filing motions for summary judgment, “such motion shall be made no later than one hundred and twenty days after the filing of the note of issue, except with leave of court on good cause shown” (CPLR 3212 [a]; see O'Brien v Bainbridge, 109…