Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
The Supreme Court improvidently exercised its discretion in allowing the defendant to move for summary judgment more than 120 days after the filing of the plaintiff's note of issue. CPLR 3212 (a) requires a motion for summary judgment to be made within 120 days after the filing of a note of issue, except with leave of court on good cause shown. The plaintiff...
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