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Shmulevich v. Gabbidon

Appellate Division of the Supreme Court of New York, Second Department
Sep 14, 1998
253 A.D.2d 756 (N.Y. App. Div. 1998)

Opinion

September 14, 1998

Appeal from the Supreme Court, Nassau County (Dunne, J.).


Ordered that the order is affirmed, with costs.

CPLR 3212 (a), as amended effective January 1, 1997, requires a motion for summary judgment to be made within 120 days after the filing of the note of issue, except with leave of court on good cause shown ( see, CPLR 3212 [a], as amended by L 1996, ch 492). The plaintiffs filed their note of issue in December 1996. The defendants' motion for summary judgment, which was made in September 1997, was properly denied as untimely, having been made more than 120 days after the effective date of the amendment to CPLR 3212 (a) and without a showing of good cause for the delay ( see, Krug v. Jones, 252 A.D.2d 572; Borelli v. Gegaj, 248 A.D.2d 299, Phoenix Garden Rest. v. Chu, 248 A.D.2d 164; Auger v. State of New York, 236 A.D.2d 177, 179-180; cf., Broderick v. Cohen, 253 A.D.2d 730 [decided herewith]).

Rosenblatt, J. P., Sullivan, Joy, Altman and Luciano, JJ., concur.


Summaries of

Shmulevich v. Gabbidon

Appellate Division of the Supreme Court of New York, Second Department
Sep 14, 1998
253 A.D.2d 756 (N.Y. App. Div. 1998)
Case details for

Shmulevich v. Gabbidon

Case Details

Full title:ALLA SHMULEVICH et al., Respondents, v. IVAN GABBIDON et al., Appellants

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 14, 1998

Citations

253 A.D.2d 756 (N.Y. App. Div. 1998)
677 N.Y.S.2d 495

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