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Dodds v. Alfaro

Appellate Division of the Supreme Court of New York, Second Department
Jan 14, 2002
290 A.D.2d 412 (N.Y. App. Div. 2002)

Opinion

2000-08071

Argued December 14, 2001.

January 14, 2002.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Dye, J.), dated June 27, 2000, which denied his motion for summary judgment dismissing the complaint as untimely.

Ryan, Perrone Hartlein, P.C., Mineola, N.Y. (William T. Ryan and Robin Mary Heaney of counsel), for appellant.

Albert A. Gaudelli, Forest Hills, N.Y., for respondent.

Before: SANDRA J. FEUERSTEIN, J.P., GABRIEL M. KRAUSMAN, WILLIAM D. FRIEDMANN, ROBERT W. SCHMIDT, JJ.


ORDERED that the order is reversed, with costs, and the matter is remitted to the Supreme Court, Queens County, to determine the motion on the merits.

The Supreme Court erred in denying the defendant's motion for summary judgment dismissing the complaint as untimely. The motion was made well within the 120-day period provided by CPLR 3212(a). Furthermore, the record is devoid of any order by the Supreme Court setting a shorter time period in this case (see, CPLR 3212[a]). Accordingly, the motion should have been decided on the merits.

FEUERSTEIN, J.P., KRAUSMAN, FRIEDMANN and SCHMIDT, JJ., concur.


Summaries of

Dodds v. Alfaro

Appellate Division of the Supreme Court of New York, Second Department
Jan 14, 2002
290 A.D.2d 412 (N.Y. App. Div. 2002)
Case details for

Dodds v. Alfaro

Case Details

Full title:STACI DODDS, respondent, v. RICHARD A. ALFARO, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 14, 2002

Citations

290 A.D.2d 412 (N.Y. App. Div. 2002)
736 N.Y.S.2d 602

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