The motion, which was made within 120 days as required by CPLR 3212 (a), should not have been denied as untimely based on Justice Saks's part rules imposing a 60-day limit where the case had not previously been before Justice Saks but a different judge whose part rules made no provision for the timing of summary judgment motions, and it does not appear that defendant could have known of the assignment to Justice Saks until after the 60 days had run. Nor should the workers...
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