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ELIZABETH CLIFFORD, RESPONDENT, v. HARROW STORES, INC., ET AL., DEFENDANTS, FRANK SAVIANO, ET AL., APPELLANTS.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

A motion for summary judgment must be made within 120 days of the filing of a note of issue "except with leave of court on good cause shown" (CPLR 3212[a]; see, Gonzalez v. 98 Mag Leasing Corp., N Y 2d [June 15, 2000]). The appellants' summary judgment motion, filed approximately 18 months after the filing of the note of issue, was untimely. Moreover, it was made without leave of the court and without good cause shown for the delay (see, Olzaski v. Locust Valley Central School District, 256 A.D.2d 320; DiFusco v. Wal-Mart Discount Cities, 255 A.D.2d 948). Accordingly, the Supreme Court providently exercised its discretion in denying the motion.

The appellants' remaining contention is without merit.

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CLIFFORD v. HARROW STORES, INC
(Jul 7, 2000)