Defendant appeals from a judgment of the Civil Court of the City of New York, New York County (Manuel J. Mendez, J.), entered on or about October 5, 2010, in favor of plaintiff and awarding it damages in the principal sum of $2,601.89.
Mian v Praetorian Ins. Co.
Decided on December 29, 2011
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
PRESENT: Lowe, III, P.J., Shulman, Torres, JJ
Judgment (Manuel J. Mendez, J.), entered on or about October 5, 2010, reversed, with $30 costs, and matter remanded for determination of defendant's motion for summary judgment.
Contrary to Civil Court's conclusion, defendant's motion for summary judgment was timely made within 120 days after the filing of the notice of trial (see CPLR 3212[a]), and served to stay the trial of this action (cf. B. Man Yoon v Fordham Univ., 249 AD2d 176 , lv dismissed 92 NY2d 946 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 29, 2011
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