Opinion
July 27, 1998
Appeal from the Supreme Court, Nassau County (DeMaro, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
A 1996 amendment to CPLR 3212 (a), effective January 1, 1997, requires the filing of a motion for summary judgment within 120 days of the filing, of the note of issue. (see, CPLR 3212 [a], as amended by L 1996, ch 492). The defendants' motion for summary judgment was properly denied as untimely, having been made more than 120 days after the effective date of the amendment to CPLR 3212 (a) (see, Phoenix Garden Rest. v. Chu, 245 A.D.2d 164; Auger v. State of New York, 236 A.D.2d 177, 179-180; see also, Almonte v. Shara Assocs., 248 A.D.2d 288; Borelli v. Gegaj, 248 A.D.2d 299; Rodriguez v. New York City Health Hosps. Corp., 245 A.D.2d 175).
The defendants' remaining contentions are not addressed in light of the determination on the issue of the timeliness of the motion for summary judgment.
Bracken, J. P., Thompson, Sullivan and Pizzuto, JJ., concur.