| Marte v Arrow Linen Supply Co., Inc. |
| 2010 NY Slip Op 51878(U) [29 Misc 3d 131(A)] |
| Decided on November 4, 2010 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendants appeal from those portions of an order of the Civil Court of the City of New
York, Bronx County (Lizbeth Gonz�lez, J.), dated December 14, 2009, which (1) conditionally
granted plaintiff's motion to restore the action to the trial calendar upon completion of disclosure
within 60 days and the filing of a new notice of trial, and (2) upon finding that plaintiff's motion
for summary judgment was not untimely, denied it with leave to renew.
Per Curiam.
Order (Lizbeth Gonz�lez, J.), dated December 14, 2009, insofar as appealed from, affirmed, without costs.
Civil Court providently exercised its discretion in granting plaintiff's motion to restore the action upon the completion of certain disclosure. Civil Court also providently exercised its discretion in denying plaintiff's motion for summary judgment, which was not untimely (see Williams v Peralta,37 AD3d 712 [2007]), with leave to renew upon the completion of disclosure.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: November 04, 2010