LEONARDI v. CRUZ

2848, 2848A, 23425/05

73 A.D.3d 580 (2010)

904 N.Y.S.2d 4

ANGELA LEONARDI, Appellant, v. ARLENE CRUZ, Respondent, et al., Defendants.

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

Decided May 20, 2010.


The record establishes that plaintiff sufficiently preserved her argument that Cruz's cross motion for summary judgment was untimely by raising the issue in her opposition to the cross motion. It is undisputed that Cruz's cross motion was made after the expiration of the 120-day period set forth in CPLR 3212 (a) and Cruz did not provide an excuse for the delay in bringing the motion. Accordingly, since plaintiff moved for summary...

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