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ZWECKER v. CLINCH

279 A.D.2d 572 (2001)

720 N.Y.S.2d 150

MARY ZWECKER, Appellant, v. MICHAEL C. CLINCH et al., Respondents, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 22, 2001.

Ordered that the order is affirmed, with one bill of costs.

The Supreme Court providently exercised its discretion in granting the respondents leave to move for summary judgment, even though more than 120 days had elapsed since the note of issue was filed (see, CPLR 3212 [a]; Rossi v Arnot Ogden Med. Ctr., 252 A.D.2d 778; Surace v Lostrappo, 176 Misc.2d 408; see also...

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