The motion was untimely even if the 120-day limit in CPLR 3212 (a) were to be measured from the return of the last deposition transcript rather than the filing of the note of issue (see, Kearns v City of New York,
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MONTENEGRO v. CITY OF NEW YORK
270 A.D.2d 19 (2000)
703 N.Y.S.2d 723
ELBA MONTENEGRO, Respondent, v. CITY OF NEW YORK, Defendant, and 807 S&S REALTY, INC., Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided March 2, 2000.
Decided March 2, 2000.
Appellate Division of the Supreme Court of the State of New York, First Department.
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