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HARRIS v. SEWARD PARK HOUSING CORPORATION

3763, 112406/08.

79 A.D.3d 425 (2010)

913 N.Y.S.2d 161

THORNER HARRIS, Appellant, v. SEWARD PARK HOUSING CORPORATION et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 2, 2010.

Plaintiff did not appeal the order of June 19, 2009, which dismissed his complaint, nor did he make a motion during the statutory 30 days for such relief (CPLR 2221 [d]). Despite recognizing the untimeliness of the motion, the court granted reargument with regard to the first cause of action for breach of contract, relying on Liss v Trans Auto Sys. (68 N.Y.2d 15, 20 [1986]), and adhered to its prior ruling. In Liss, the Court...

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