Ordered that the order is reversed, with costs, and the matter is remitted to the Supreme Court, Queens County, to determine the motion on the merits.
The Supreme Court erred in denying the defendant's motion for summary judgment dismissing the complaint as untimely. The motion was made well within the 120-day period provided by CPLR 3212 (a). Furthermore, the record is devoid of any order by the Supreme Court setting a shorter time period in this case (see,
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