Opinion
October 19, 1998
Appeal from the Supreme Court, Nassau County (Alpert, 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 November 1997, was properly denied as untimely, as the motion was 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, 245 A.D.2d 164; Auger v. State of New York, 236 A.D.2d 177, 179-180).
Mangano, P. J., Joy, Friedmann and Goldstein, JJ., concur.