Friday, January 19, 2007

Time Matters.

On January 18, 2007, in Cabibel v. XYZ Associates, the First Department reinstated the complaint because defendants, without seeking leave, had moved for summary judgment 60 days after the date set by the court. What's more, defendants had not sought to enlarge their time to file, and they offered an excuse for their lateness only in their reply to plaintiff's opposition.