Valentin v MTA/New York City Tr. Auth.

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Valentin v MTA/New York City Tr. Auth. 2013 NY Slip Op 04991 Decided on July 2, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on July 2, 2013
Mazzarelli, J.P., Acosta, Saxe, Freedman, Clark, JJ.
10526 14500/07

[*1]Elvin Valentin, Plaintiff-Appellant,

v

MTA/New York City Transit Authority, et al., Defendants-Respondents.




Arnold E. DiJoseph, P.C., New York (Arnold E. DiJoseph, III of
counsel), for appellant.
Wallace D. Gossett, Brooklyn (Lawrence Heisler of counsel),
for respondents.

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered May 25, 2012, which denied plaintiff's motion for summary judgment as untimely, unanimously affirmed, without costs.

Contrary to plaintiff's contention, the 120-day limit imposed by CPLR 3212(a) applies to cases that have been stricken from the trial calendar, at least where, as here, the 120-day period had expired before the case was struck from the calendar (see Rivera v City of New York, 73 AD3d 413 [1st Dept 2010], citing Brill v City of New York, 2 NY3d 648 [2004]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JULY 2, 2013

CLERK