Appellate Division of the Supreme Court of the State of New York December 15, 2011 (Applewhite v. Accuhealth, Inc.)

*502The record demonstrates that plaintiffs filed the note of issue on May 8, 2009. This required the City (defendant) to file a motion for summary judgment no later than 120 days after the filing of the note of issue, i.e., September 5, 2009 (CPLR 3212 [a]).