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:
Supreme Court erred in entertaining defendant's motion for summary judgment dismissing the complaint and in thereupon granting the motion. Pursuant to CPLR 3212 (a), the court may set a date by which summary judgment motions must be made, provided that the date is no...
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