ROBERTS v. CLEANERS


261 A.D.2d 294 (1999)

690 N.Y.S.2d 422

MICHELLE ROBERTS, Respondent, v. CONTI CLEANERS, Appellant, et al., Defendant.

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

Decided May 25, 1999.


Defendant Conti's cross motion for summary judgment was properly denied as untimely since it was made more than 120 days after the filing of the note of issue (see, CPLR 3212 [a]) and there was no showing of good cause warranting the motion's consideration despite the delay (see, Rosario v Kenyon & Son, 258 A.D.2d 265). In any event, the motion would have been properly denied...

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