The court providently exercised its discretion in granting defendants' motion to renew their summary judgment motion, in order to correct a procedural error by the court, which had overlooked a prior order by another justice precluding plaintiff from submitting opposition papers. Contrary to plaintiff's contention, defendants had a right to enforce the preclusion order, which had been served upon her with notice of entry.
Ortiz v. Mar-Can Transp. Co., Inc., NY Slip Op 01036 (1st Dep't February 13, 2020)
Here is the decision.
