Kaps-All Packaging Systems, Inc. v. Cohen

In an action, inter alia, to recover damages for breach of the duty of loyalty, the defendant Joshua R. Cohen appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Baisley, J.), dated April 2, 2008, as denied, as untimely, his motion for summary judgment dismissing the complaint insofar as asserted against him.

Ordered that the order is affirmed insofar as appealed from, with costs.

In this action, inter alia, to recover damages for breach of the duty of loyalty, the plaintiff filed a note of issue on August 14, 2007. By order dated December 6, 2007,…