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KRUG v. JONES

252 A.D.2d 572 (1998)

675 N.Y.S.2d 302

James E. Krug et al., Respondents, v. Dawn P. Jones et al., Appellants

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

July 27, 1998

Ordered that the order is affirmed insofar as appealed from, with costs.

A 1996 amendment to CPLR 3212 (a), effective January 1, 1997, requires the filing of a motion for summary judgment within 120 days of the filing of the note of issue (see, CPLR 3212 [a], as amended by L 1996, ch 492). The defendants' motion for summary judgment was properly denied as untimely, having been made more than 120 days after the effective...

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