Montenegro v. City of New York — 270 A.D.2d 19

Majority

p. 19

Elba Montenegro, Respondent, v City of New York, Defendant, and 807 S&S Realty, Inc., Appellant.

[703 NYS2d 723]

—Order, Supreme Court, New York County (Richard Braun, J.), entered December 16, 1998, which, insofar as appealed from, denied defendant-appellant’s motion for summary judgment as untimely, unanimously affirmed, without costs.

The motion was untimely even if the 120-day limit in CPLR 3212 (a) were to be measured from the return of the last deposition transcript rather than the filing of the note of issue (see, Kearns v City of New York, 263 AD2d 412 ). Concur — Nardelli, J. P., Tom, Lerner, Rubin and Friedman, JJ.