Opinion
Argued December 14, 2000
February 20, 2001.
In an action to recover damages for fraud and the intentional infliction of emotional distress, the defendant appeals from an order of the Supreme Court, Nassau County (Lally, J.), dated February 16, 2000, which denied its motion for summary judgment dismissing the complaint and on its counterclaim.
Biedermann, Hoenig, Massamillo Ruff, P.C., New York, N Y (Richard E. Leff and Leslie Ruff of counsel), for appellant.
Reisman, Peirez Reisman, LLP, Garden City, N.Y. (E. Christopher Murray of counsel), for respondents.
Before: BRACKEN, ACTING P.J., ALTMAN, GOLDSTEIN and McGINITY, JJ., concur.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying the defendant's motion for summary judgment as untimely (see, CPLR 3212[a]; Clifford v. Harrow Stores, 274 A.D.2d 370; Gonzalez v. 98 Mag Leasing Corp., 95 N.Y.2d 124; Welch Foods v. Wilson, ___ A.D.2d ___ [4th Dept., Nov. 13, 2000]).