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DARBY v. AVIS RENT A CAR SYSTEM, INC.

289 A.D.2d 191 (2001)

733 N.Y.S.2d 689

MARLA T. DARBY, Appellant, v. AVIS RENT A CAR SYSTEM, INC., Respondent.

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

Decided December 3, 2001.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the defendant leave to file its motion for summary judgment dismissing the complaint. Although the defendant filed its motion within 120 days after the filing of the note of issue (see, CPLR 3212), the trial court's more restrictive rule required the parties to file motions for summary judgment within...

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