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BALCERZAK v. DNA CONTR., LLC

9 Misc.3d 524 (2005)

802 N.Y.S.2d 324

WLADYSLAW BALCERZAK et al., Plaintiffs, v. DNA CONTRACTING, LLC, et al., Defendants.

Supreme Court, Kings County.

August 4, 2005.

Attorney(s) appearing for the Case

Fauci & Fauci, P.C., New York City (Anthony James Fauci of counsel), for plaintiffs.

Bivona & Cohen, P.C., New York City, for DNA Contracting, LLC, defendant.

Gould & Cimono, New York City, for 860 West Tower, Inc., defendant.

Hoey King Toker & Epstein, New York City, for 866 U.N. Plaza Associates, LLC, defendant.

OPINION OF THE COURT

ARTHUR M. SCHACK, J.

This case presents the court with the issue of whether counsel for all parties in an action, as a matter of public policy, can agree by stipulation to extend the time "to make dispositive motions" to a time that violates CPLR 3212 (a) and a local Supreme Court rule for the time to file summary judgment motions. The court must answer this question with a resounding no.

In this personal injury action for negligence...

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