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MICELI v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

3 N.Y.3d 725 (2004)

819 N.E.2d 995

786 N.Y.S.2d 379

MARY MICELI, Respondent, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant.

Court of Appeals of the State of New York.

Decided October 21, 2004.

Attorney(s) appearing for the Case

Rivkin Radler LLP, Uniondale (Stuart M. Bodoff, Evan H. Krinick and Cheryl F. Korman of counsel), and Hagelin & Bischof, LLC, for appellant.

Barth, Sullivan & Behr, LLP, Buffalo (Laurence D. Behr of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur in memorandum; Judge G.B. SMITH concurs on constraint of ( [2004]).

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and plaintiff's motion for summary judgment denied.

Barely five months ago, in Brill v City of New York (2 N.Y.3d 648 [2004]), this Court reversed an award of summary judgment for defendant, without considering its merit, on the ground that the motion, made more than 120 days after note of issue was filed...

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