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FILANNINO v. TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY

34 A.D.3d 280 (2006)

824 N.Y.S.2d 244

RALPH FILANNINO, Appellant, v. TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY et al., Respondents.

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

Decided November 14, 2006.

On July 15, 2005, the parties entered into a stipulation, which was "so ordered" by Supreme Court, that, among other things, required plaintiff to file a note of issue on or before September 30, 2005. Plaintiff chose to file his note of issue on August 4, 2005, thereby placing this matter on the trial calendar and triggering the 120-day period for making summary judgment motions (see CPLR 3212 [a]). On November 29, 2005, three days before the 120-day period expired...

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