DiFUSCO v. WAL-MART DISC. CITIES


255 A.D.2d 937 (1998)

680 N.Y.S.2d 377

Maryann DiFusco et al., Appellants, v. Wal-Mart Discount Cities, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 13, 1998


Order unanimously reversed on the law without costs, motion denied and complaint reinstated.

Memorandum:

Supreme Court abused its discretion in granting defendant leave to make a motion for summary judgment six months after January 1, 1997, the effective date of the amendment to CPLR 3212 (a). That amendment, which has been held to apply retroactively to pending cases, requires that a summary judgment motion be made no later than 120 days after the filing...

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