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CLIFFORD v. HARROW STORES, INC.

274 A.D.2d 370 (2000)

712 N.Y.S.2d 865

ELIZABETH CLIFFORD, Respondent, v. HARROW STORES, INC., et al., Defendants, and FRANK SAVIANO et al., Appellants.

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

Decided July 3, 2000.

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

A motion for summary judgment must be made within 120 days of the filing of a note of issue "except with leave of court on good cause shown" (CPLR 3212 [a]; see, Gonzalez v 98 Mag Leasing Corp., 95 N.Y.2d 124). The appellants' summary judgment motion, filed approximately 18 months after the filing of the note of issue, was untimely. Moreover, it was...

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