Tri-State General Remodeling Contractors, Inc. v. Baijnauth

OPINION OF THE COURT

Irving Rosen, J.

Defendant moves for an order pursuant to CPLR 4404 (a) *136setting aside the decision of the court dated December 17, 2001 and for a new trial. Alternatively, defendant moves for summary judgment pursuant to CPLR 3212.

The motion is granted to the limited extent that movant’s time to make this motion is extended to the date of making thereof in the interests of justice and to remove Sasenakiene Balasar as a party plaintiff and to dismiss the action as to him personally. Summary judgment as posttrial relief is inappropriate since the trial itself showed that…