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MORHART v. CITY OF NEW YORK

267 A.D.2d 438 (1999)

700 N.Y.S.2d 854

MARY MORHART et al., Appellants, v. CITY OF NEW YORK et al., Respondents. (And a Third-Party Action.)

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

Decided December 27, 1999.

Ordered that the order is reversed, on the law and as a matter of discretion, with one bill of costs, the motions are denied, and the complaint and all cross claims are reinstated.

CPLR 3212 (a), as amended effective January 1, 1997, requires a motion for summary judgment to be made within 120 days after the filing of the note of issue, except with leave of court on good cause shown (see, CPLR 3212 [a], as amended by L 1996, ch 492). The plaintiffs filed their...

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