Group IX, Inc. v. Next Printing & Design Inc.

Order, Supreme Court, New York County (Michael D. Stall-man, J.), entered January 8, 2010, which, upon reargument, granted in part and denied in part the motion by defendants Next Printing & Design Inc. and David Moyal for summary judgment dismissing the complaint, unanimously modified, on the law, to deny so much of the motion as was granted, and otherwise affirmed, without costs.

Defendants failed to file their motion within the 120 days specified by CPLR 3212 (a) and offered no reason for the delay. Thus, in its prior order, the court correctly denied the motion as untimely (Brill v City of…