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AGFA PHOTO USA CORPORATION v. CHROMAZONE, INC.

4377, 118102/06.

82 A.D.3d 402 (2011)

918 N.Y.S.2d 30

AGFA PHOTO USA CORPORATION, as Assignee of AGFA Corporation, Respondent, v. CHROMAZONE, INC., et al., Appellants.

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

Decided March 1, 2011.

Defendants' argument that plaintiff's second motion for summary judgment should have been treated as a motion to renew is improperly raised for the first time on appeal (see Callisto Pharm., Inc. v Picker, 74 A.D.3d 545 [2010]). Were we to review this argument, we would find that the court's treatment of the motion was entirely appropriate. When the court denied plaintiff's initial motion for summary judgment, it did so "without...

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