Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was for summary judgment is granted, and the complaint is dismissed.
It was an improvident exercise of the Supreme Court's discretion to deny the defendants' motion for summary judgment on the ground that it was made more than 120 days after the note of issue had been filed, since good cause for the delay was established (see CPLR 3212 [a])....
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