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GONZALEZ v. 98 MAG LEASING

95 N.Y.2d 124 (2000)

733 N.E.2d 203

711 N.Y.S.2d 131

INOCENTE GONZALEZ, as Guardian ad Litem for CIRINO GONZALEZ, Appellant, v. 98 MAG LEASING CORP. et al., Respondents and Third-Party Plaintiffs, et al., Third-Party Defendants.

Court of Appeals of the State of New York.

Decided June 15, 2000.

Attorney(s) appearing for the Case

Seligson, Rothman & Rothman, New York City (Alyne I. Diamond, Martin S. Rothman and Samuel J. Lurie of counsel), for appellant.

Quirk and Bakalor, P. C., New York City (H. Nicholas Goodman, James M. Andriola and Hoong N. Young of counsel), for respondents.

Chief Judge KAYE and Judges BELLACOSA, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

SMITH, J.

In this personal injury action, the issues presented are whether the trial court abused its discretion by entertaining defendants' cross motion for summary judgment more than 120 days after the filing of the note of issue (see, CPLR 3212 [a]) and whether summary judgment was properly granted as a matter of law. We answer that there was no abuse of discretion and that...

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