It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied and the complaint is reinstated.
Memorandum:
We agree with plaintiff that Supreme Court erred in entertaining the late motion of Barbara Roe (defendant) for summary judgment dismissing the complaint against her and in granting the motion. The court did not set a date for the filing of summary judgment motions after...
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