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GONZALEZ v. 98 MAG LEASING CORP.

261 A.D.2d 508 (1999)

687 N.Y.S.2d 908

INOCENTE GONZALEZ, Appellant, v. 98 MAG LEASING CORP. et al., Respondents. (And a Third-Party Action.)

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

Decided May 17, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly addressed the merits of the cross motion, notwithstanding that it was made more than 120 days after the filing of the note of issue (see, CPLR 3212 [a]; Quinlan v Kaufman, 258 A.D.2d 453). Moreover, the Supreme Court properly granted that branch of the cross motion which was for summary judgment dismissing the complaint...

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