CONEO v. WASHINGTON HEIGHTS HELLENIC ORTHODOX CHURCH, INC.


33 A.D.3d 484 (2006)

822 N.Y.S.2d 443

IVAN CONEO, Respondent, v. WASHINGTON HEIGHTS HELLENIC ORTHODOX CHURCH, INC., Appellant, et al., Defendant.

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

Decided October 19, 2006.


Although the motion was denied for failure to make a prima facie showing of entitlement to summary judgment, it should have been denied as untimely, as it was made more than 120 days after the filing of the note of issue without any reason given for the delay (CPLR 3212 [a]; see Brill v City of New York, 2 N.Y.3d 648

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