CPLR R. 3212 Motion for summary judgment
(a) Time; kind of action
Tray-Wrap, Inc. v Pacific Tomato Growers, Ltd., 2009 NY Slip Op 03041 (App. Div., 1st, 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 the pleadings. Such motions were made within a reasonable time thereafter. Accordingly, the instant motions, although untimely, were made with leave of the court upon a showing of good cause pursuant to the statute.
The bold is mine.
