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JOHN GALLIANO, S.A. v. STALLION, INC.

62 A.D.3d 415 (2009)

879 N.Y.S.2d 400

JOHN GALLIANO, S.A., Respondent, v. STALLION, INC., Appellant.

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

Decided May 5, 2009.

The motion court should have granted renewal to consider the affidavit of Fran Cannara because the allegation that Cannara had accepted service of process voluntarily and told the process server she was authorized to accept service was only first raised in plaintiff's reply papers on its summary judgment motion (see e.g. Welch v Scheinfeld, 21 A.D.3d 802, 808 [2005]), and the court's rules did not permit defendant to submit a surreply...

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