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RODRIGUEZ v. BOARD OF EDUCATION OF CITY OF YONKERS

301 A.D.2d 641 (2003)

753 N.Y.S.2d 875

ANGELA RODRIGUEZ et al., Respondents, v. BOARD OF EDUCATION OF CITY OF YONKERS et al., Appellants.

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

Decided January 27, 2003.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

Contrary to the Supreme Court's conclusion, the defendants' motion for summary judgment was timely. CPLR 3212 (a) provides that if no date is set by the court, a motion 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. Here, the note of issue was filed July...

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