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AQEEL v. TONY CASALE, INC.

44 A.D.3d 572 (2007)

845 N.Y.S.2d 8

ZUHAIR AQEEL, as Administrator of the Estate of AMY AQEEL, Deceased, et al., Respondents, v. TONY CASALE, INC., et al., Defendants, and CITY OF NEW YORK et al., Appellants.

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

Decided October 30, 2007.

A post-note of issue motion for summary judgment, like motions generally, is made when it is served, not, as the motion court ruled, when it is filed (Gazes v Bennett, 38 A.D.3d 287 [2007]; CPLR 2211). There is no dispute that the subject motion was served within the time limit set by the governing stipulation.

On the merits, the City's evidence establishes that defendant Feliciano suddenly sped away from a lawful stop, and...

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