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QUINLAN v. KAUFMAN

258 A.D.2d 453 (1999)

684 N.Y.S.2d 597

MARJORIE QUINLAN et al., Appellants, v. ERIC KAUFMAN et al., Respondents.

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

Decided February 1, 1999.

Ordered that the order is affirmed, with costs.

The Supreme Court properly exercised its discretion in allowing the defendants to serve a late motion for summary judgment, even though the motion was made on the eve of trial and more than 120 days after the effective date of the amendment to CPLR 3212 (a) (see, Anzalone v Varis, 254 A.D.2d 381; Eason v Herber Middle School, 250 A.D.2d 807

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