Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff's decedent, Salvatore Carbone, allegedly was injured on January 22, 2001 when he slipped on ice and snow while leaving the appellants' diner. A note of issue was filed on April 13, 2004. The appellants moved for summary judgment more than five months later on September 21, 2004.
Where, as here, no deadline is set by the court for the making of summary judgment motions, no...
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