Opinion
May 26, 1998
Appeal from the Supreme Court, Nassau County (Levitt, J.)
Ordered that the order is affirmed, with costs.
The Supreme Court properly granted the defendants motion for summary judgment dismissing the complaint ( see generally, Hollinger v. Chestnut Ridge Racquet Corp., 227 A.D.2d 380). Contrary to the plaintiff's contention, the defendants motion for summary judgment was timely (see, CPLR 3212 [a]; Phoenix Garden Rest. v. Chu, 245 A.D.2d 164; Auger v. State of New York, 236 A.D.2d 177).
Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.