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VALENTIN v. MTA/NEW YORK CITY TRANSIT AUTHORITY

10526, 14500/07.

108 A.D.3d 421 (2013)

967 N.Y.S.2d 835

2013 NY Slip Op 4991

ELVIN VALENTIN, Appellant, v. MTA/NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

Decided July 2, 2013.

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered May 25, 2012, which denied plaintiff's motion for summary judgment as untimely, unanimously affirmed, without costs.

Contrary to plaintiff's contention, the 120-day limit imposed by CPLR 3212 (a) applies to cases that have been stricken from the trial calendar, at least where, as here, the 120-day period had expired before the case was struck from the...

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