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HAMILTON v. NATIONAL AMUSEMENTS, INC.

10294. 306467/13.

177 A.D.3d 449 (2019)

2019 NY Slip Op 08156

Khristina Hamilton, Respondent, v. National Amusements, Inc., Doing Business as Jamaica Multiplex Cinemas, Appellant, et al., Defendant.

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

Decided November 12, 2019.

The timeliness of a motion is calculated based on the date of service of the motion, and not on the date of filing (see Derouen v Savoy Park Owner, L.L.C., 109 A.D.3d 706, 706 [1st Dept 2013]; CPLR 2211). Since defendant's motion was served less than 60 days after plaintiff filed her note of issue, it was timely under the motion court's part rules.

On the merits, defendant established its prima facie entitlement to judgment...

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