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TRAY-WRAP, INC. v. PACIFIC TOMATO GROWERS, LTD.

61 A.D.3d 545 (2009)

877 N.Y.S.2d 71

TRAY-WRAP, INC., Appellant, v. PACIFIC TOMATO GROWERS, LTD., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 21, 2009.

Plaintiff asserts that the instant motions should be denied as untimely because they were made without judicial leave more than 120 days after the filing of the note of issue (see CPLR 3212 [a]). It is undisputed that defendants previously made timely motions for summary judgment. By decision dated February 6, 2007, Supreme Court denied the same, without prejudice to resubmission upon papers which were to include copies of...

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