Appellate Division of the Supreme Court of the State of New York October 31, 2006 (Hayes v. Dargone, Inc.)

Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered April 28, 2006, which, to the extent appealed from, denied as untimely the motion of defendant Dargone, Inc. for summary judgment, unanimously affirmed, without costs.

It is undisputed that defendant Dargone, Inc.