The gravamen of plaintiff's claim against appellants is that they failed to refer the infant's mother to a physician for an immediate cesarean section on June 19, 1992. On June 22, 1992, however, when defendant Suarez, a physician, examined the mother, she came to the conclusion that a cesarean section was unnecessary. Two other physicians, Bourne and defendant White, examined the mother on June 23, 1992, and reached the same conclusion. In light of the determinations on June 22 and 23, 1992 by three physicians to proceed with a vaginal delivery, there is no basis upon which to conclude that a referral by appellants on June 19, 1992 would have resulted in a different course of action. Accordingly, we find plaintiff failed to demonstrate that the alleged failure was a substantial factor in causing plaintiff's injuries.
The IAS Court erred in denying the motion, made in March 1997, as untimely. The 120 day period for making a summary judgment motion under the amendment of CPLR 3212 (a) in 1996 begins to run from its effective date of January 1, 1997 ( Phoenix Garden Rest. v. Chu, 245 A.D.2d 164 [released herewith].
Concur — Milonas, J.P., Rosenberger, Rubin, Williams and Colabella, JJ.