Ordered that the order is affirmed, without costs or disbursements.
Although the note of issue was filed on April 27, 2006 the third-party defendant failed to move for summary judgment dismissing the third-party complaint until August 17, 2006, notwithstanding the fact that the court's preliminary conference order expressly recited that such motions were to be made within 60 days of the filing of the note of issue. Under these circumstances, the motion clearly was...
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