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BREIDING v. GILADI

15 A.D.3d 435 (2005)

789 N.Y.S.2d 449

ELISA E. BREIDING et al., Appellants, v. DAVID GILADI et al., Respondents.

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

February 14, 2005.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The Supreme Court's order, which was issued before the ruling of the Court of Appeals in Brill v City of New York (2 N.Y.3d 648 [2004]), erroneously granted the defendants' motion for summary judgment. The motion was made more than two months after the statutory deadline (i.e., 120 days from the date the note...

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