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STRANSKY v. TANNENBAUM

262 A.D.2d 301 (1999)

691 N.Y.S.2d 540

PATRICIA STRANSKY et al., Respondents-Appellants, v. STEVEN B. TANNENBAUM et al., Appellants-Respondents.

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

Decided June 1, 1999.

Ordered that the order is affirmed, without costs or disbursements.

The defendants' cross motion was properly denied as untimely under the recent amendment to CPLR 3212 (a) which requires that a motion for summary judgment "shall be made no later than [120] days after the filing of the note of issue, except with leave of court on good cause shown" (L 1996, ch 492, eff Jan. 1, 1997). Where, as here, the note of issue predates the January 1, 1997, effective date of...

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