MEDINA v. BARBARO


279 A.D.2d 615 (2001)

720 N.Y.S.2d 165

MILTON MEDINA, an Infant, by His Mother and Natural Guardian, ROSEMARY GIGLIO, et al., Respondents, v. GIORLANDO S. BARBARO, Appellant, et al., Defendant.

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

Decided January 29, 2001.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

CPLR 3212 (a) provides that motions for summary judgment shall be made no later than 120 days after the filing of the note of issue, except with leave of court on "good cause" shown. The Supreme Court is afforded latitude in determining...

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