The motion court treated defendant's motion to dismiss, pursuant to 3211(a)(2) and (7), as a motion for summary judgment, pursuant to 3211[c]), since both sides made it unequivocally clear that they were laying bare their proof and deliberately charting a summary judgment course. The motion was untimely, since it was made after the 120-day deadline imposed by 3212(a) and was unaccompanied by an explanation for the lateness.
Hernandez v. 2075-2081 Wallace Ave. Owners Corp., NY Slip Op 07328 (1st Dep't October 10, 2019)
Here is the decision.
