Ordered that the order is reversed, as a matter of discretion, with costs, that branch of the defendant's motion which was, in effect, for leave to move for summary judgment more than 120 days after the note of issue was filed is granted, and the matter is remitted to the Supreme Court, Suffolk County, for consideration of that branch of the defendant's motion which was for summary judgment dismissing the complaint.
Under the circumstances of this case, the Supreme...
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