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NEGRON v. HELMSLEY SPEAR, INC.

280 A.D.2d 305 (2001)

721 N.Y.S.2d 12

NANCY NEGRON, Appellant, v. HELMSLEY SPEAR, INC., et al., Respondents. HELMSLEY SPEAR, INC., et al., Third-Party Plaintiffs-Respondents, v. INDEPENDENCE SAVINGS BANK, Third-Party Defendant-Respondent.

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

Decided February 6, 2001.

When this action was removed from the trial calendar in April 1999 due to the unavailability of plaintiff's expert, her note of issue was, in effect, nullified (see, Alexander v City of New York, 277 A.D.2d 334). Thus, defendants' motion and cross-motion for summary judgment were not untimely pursuant to CPLR 3212 (a).

Plaintiff allegedly sustained injury attributable to an over-waxed step with a worn-out tread on a staircase...

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