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APPLEWHITE v. ACCUHEALTH, INC.

4364, 22234/98

90 A.D.3d 501 (2011)

934 N.Y.S.2d 164

2011 NY Slip Op 9002

TIFFANY APPLEWHITE et al., Appellants, v. ACCUHEALTH, INC., et al., Defendants, and CITY OF NEW YORK, Respondent.

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

Decided December 15, 2011.

The record demonstrates that plaintiffs filed the note of issue on May 8, 2009. This required the City (defendant) to file a motion for summary judgment no later than 120 days after the filing of the note of issue, i.e., September 5, 2009 (CPLR 3212 [a]). However, because September 5th was a Saturday, and Monday, September 7th, was Labor Day (see General Construction Law § 25-a [1]), the motion defendant served on September...

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