In this action to recover damages for personal injuries, it was undisputed that the parties had 60 days after the notice of trial was filed to move for summary judgment (see CPLR 3212 [a]). Defendants moved for summary judgment after said date. They asserted that their motion was timely due to the fact that the 60-day period was extended five days pursuant to CPLR 2103 (b) (2) because plaintiff served the notice of trial by mail and because, notwithstanding the fact...
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