CPLR R. 3212(a) — 120 day rule

Plaintiff asserts that the instant motions should be denied as untimely
because they were made without judicial leave more than 120 days after
the filing of the note of issue (see CPLR 3212[a]). It is undisputed
that defendants previously made timely motions for summary judgment. By
decision dated February 6, 2007, Supreme Court denied the same, without
prejudice to resubmission upon papers which were to include copies of
the pleadings. Such motions were made within a reasonable time
thereafter. Accordingly, the instant motions, although untimely, were
made with leave of the court upon a showing of good cause pursuant to
the statute.