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Wang v. Lee

Supreme Court of New York, Second Department

October 30, 2013

Mary Hsiao Yung Wang, respondent,
v.
Chei Fong Lee, appellant. Index No. 21693/01

Chei Fong Lee, New York, N.Y., appellant pro se.

Nadel & Associates, P.C., New York, N.Y. (David Van Leeuwen and Michael J. Ciarlo of counsel), for respondent.

REINALDO E. RIVERA, J.P., RUTH C. BALKIN, CHERYL E. CHAMBERS, SANDRA L. SGROI, JJ.

DECISION & ORDER

In an action to determine ownership of real property, the defendant appeals from an order of the Supreme Court, Queens County (Schulman, J.), entered April 21, 2011, which, inter alia, denied her motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The Supreme Court properly denied the appellant's untimely motion for summary judgment in view of her failure to offer any explanation for not serving the motion within 120 days after the filing of the note of issue, as required by CPLR 3212(a) (see Brill v City of New York, 2 N.Y.3d 648; Soltes v Waverly Owners, Inc., 42 A.D.3d 565).

The appellant's remaining contentions are either not properly before this Court or without merit.

RIVERA, J.P., BALKIN, CHAMBERS and SGROI, JJ., concur.


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