Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is denied, and the complaint is reinstated.
The Supreme Court improvidently exercised its discretion in entertaining, following a mistrial, the defendants' motion for summary judgment dismissing the complaint, as it was made after the 120-day deadline set forth in CPLR 3212 (a), and the defendants failed to establish good cause for the delay (see Brill v City of...
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