Diaz v. Reinersman

*617Order, Supreme Court, Bronx County (Laura G. Douglas, J.), entered June 8, 2012, which, insofar as appealed from, denied defendants’ cross motion for summary judgment and, upon re-argument, denied defendants’ earlier cross motion to compel disclosure, unanimously affirmed, without costs.

The motion court providently exercised its discretion in considering arguments addressed for the first time on reply, in support of reargument, to which defendants had an opportunity to respond (see Rostant v Swersky, 79 AD3d 456 [1st Dept 2010]). Upon reargument, defendants’ failure to annex “an affirmation…