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MIRANDA v. DEVLIN

260 A.D.2d 451 (1999)

688 N.Y.S.2d 578

AIXA MIRANDA, Individually and as Administrator of the Estate of CHRISTINE DUSSAN, Deceased, Appellant, v. KATHLEEN A. DEVLIN et al., Respondents.

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

Decided April 12, 1999.

Ordered that the order is affirmed, with one bill of costs.

Contrary to the plaintiff's contentions, the Supreme Court providently exercised its discretion in considering the cross motion of the defendants Kathleen A. Devlin and Dennis Devlin for summary judgment. This cross motion was made approximately five days after the expiration of the applicable 120-day period as provided by CPLR 3212 (a). Nevertheless, in light...

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