Ordered that the judgment is reversed, on the law, the oral motions are denied, and the matter is remitted to the Supreme Court, Kings County, for trial, with costs to abide the event.
The Supreme Court improperly entertained the defendants' oral motions for summary judgment made on July 5, 2005, the day the trial in this matter was to begin. The notes of issue in this matter were filed more than 120 days prior thereto, on September 22, 2003. Since the record is devoid...
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