Ordered that the amended order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.
The plaintiff filed a note of issue on March 15, 2010, and the defendant moved for summary judgment dismissing the complaint on July 14, 2010. The plaintiff opposed the defendant's motion on the ground that it was untimely. The Supreme Court determined that the motion was timely and thereupon, granted the motion. We...
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