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ARMENTANO v. BROADWAY MALL PROPERTIES, INC.

48 A.D.3d 493 (2008)

852 N.Y.S.2d 266

JOHN ARMENTANO et al., Plaintiffs, v. BROADWAY MALL PROPERTIES, INC., et al., Defendants, LEHRER McGOVERN BOVIS, INC., et al., Appellants, and CCM, INC., Respondent. (And a Third-Party Action.)

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

Decided February 13, 2008.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

Contrary to the appellants' contentions, the Supreme Court did not err in entertaining the respondent's motion for summary judgment even though it was made more than 120 days after the filing of the note of issue (see CPLR 3212 [a]). While CPLR 3212 (a) requires that a motion for summary judgment be made no later than 120 days after the filing of the note of issue, there is...

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