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MARIE HOLDINGS, INC. v. BICLYN CORP.

810052/11, 427, 426.

137 A.D.3d 494 (2016)

26 N.Y.S.3d 462

2016 NY Slip Op 01602

MARIE HOLDINGS, INC., Respondent, v. BICLYN CORP. et al., Appellants, et al., Defendants.

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

Decided March 8, 2016.

Given the lack of full documentation at the time of plaintiff's first summary judgment motion, which was made pre-discovery, it was not error for the IAS court to consider a second summary judgment motion on a full record after discovery (see Varsity Tr. v Board of Educ. of City of N.Y., 300 A.D.2d 38, 39 [1st Dept 2002]). With regard to the merits, defendants' attempts to alter the terms of the parties' written agreements were properly...

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