Opinion
March 2, 2000
Order, Supreme Court, New York County (Richard Braun, J.), entered December 16, 1998, which, insofar as appealed from, denied defendant-appellant's motion for summary judgment as untimely, unanimously affirmed, without costs.
Melisande Hill, for Plaintiff-Respondent.
Michael E. Pressman, for Defendant-Appellant.
NARDELLI, J.P., TOM, LERNER, RUBIN, FRIEDMAN, JJ.
The motion was untimely even if the 120-day limit in CPLR 3212(a) were to be measured from the return of the last deposition transcript rather than the filing of the note of issue(see, Kearns v. City of New York, 263 A.D.2d 412, 694 N.Y.S.2d 359).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.