Ordered that the order dated October 1, 2003, is affirmed insofar as appealed from; and it is further,
Ordered that the order dated June 29, 2004, is affirmed; and it is further,
Ordered that one bill of costs is awarded to the defendant.
The defendant sought leave to file an untimely motion for summary judgment dismissing the complaint more than 60 days after the plaintiff filed a note of issue, in violation of rule 13 of the Uniform Civil Trial Rules...
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