CULLITY v. POSNER

1879, 112494/11.

143 A.D.3d 513 (2016)

2016 NY Slip Op 06738

38 N.Y.S.3d 796

LISA CULLITY, Appellant, v. FRED POSNER et al., Respondents.

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

Decided October 13, 2016.


The motion should have been denied as untimely. The motion court's rules required dispositive motions to be filed within 60 days of the filing of a note of issue. Defendant filed the motion papers nine days after the time to do so had expired, rendering the motion untimely (see CPLR 3212 [a]; Brill v City of New York, 2 N.Y.3d 648 [2004]; Connolly v 129 E. 69th St. Corp.,

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