AGFA Photo USA Corp. v. Chromazone, Inc.

*403Defendants’ argument that plaintiffs second motion for summary judgment should have been treated as a motion to renew is improperly raised for the first time on appeal (see Callisto Pharm., Inc. v Picker, 74 AD3d 545 [2010]). Were we to review this argument, we would find that the court’s treatment of the motion was entirely appropriate. When the court denied plaintiff’s initial motion for summary judgment, it did so “without prejudice to another motion for summary judgment” with the submission of additional evidence (see CPLR 3212 [f]).

Plaintiff established its prima facie entitlement to…