Under the particular circumstances of this case, the summary judgment motion of defendant-appellant Supermarkets General was properly denied by the motion court as untimely pursuant to CPLR 3212 (a). Moreover, even if Supermarkets General's motion for summary judgment were timely, it would be properly denied on the merits, as would the application of the Prestige defendants for summary judgment pursuant to CPLR 3212 (b), since the record reveals issues of fact as to whether...
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