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BENNETT v. ST. JOHN'S HOME

No. 211 SSM 17

26 N.Y.3d 1033 (2015)

43 N.E.3d 372

2015 NY Slip Op 08613

AINSWORTH M. BENNETT, Individually and on Behalf of the Estate of VIRGINIA R. BENNETT, Deceased, Appellant, v. ST. JOHN'S HOME et al., Respondents.

Court of Appeals of New York.

Decided November 23, 2015.

Attorney(s) appearing for the Case

David E. Woodin, LLC, Catskill ( David E. Woodin of counsel), for appellant.

Underberg & Kessler LLP, Rochester ( David H. Fitch of counsel), for respondents.

Concur: Chief Judge LIPPMAN and Judges PIGOTT, RIVERA, ABDUS-SALAAM and FAHEY; Judge STEIN taking no part.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question not answered as unnecessary. As the issue of the timeliness under CPLR 3212 (a) of defendants' summary judgment motion was not preserved in Supreme Court, the Court of Appeals lacks power to review either the Appellate Division's exercise of...

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