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MALITIZIS v. FIRST UNUM LIFE INSURANCE COMPANY

275 A.D.2d 621 (2000)

713 N.Y.S.2d 471

PETER MALITIZIS, Appellant, v. FIRST UNUM LIFE INSURANCE COMPANY, Respondent.

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

Decided September 14, 2000.

Under the circumstances presented, Supreme Court abused its discretion when it denied plaintiff's application seeking leave to file a motion for summary judgment more than 120 days after the filing of the note of issue (see, CPLR 3212 [a]). We note in this regard that the proposed motion was premised upon the Court of Appeals decision in New England Mut. Life Ins. Co. v Doe (93 N.Y.2d 122), which was decided after the 120...

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