Jim Beam Brands Co. v Tequila Cuervo La Rojena, S.A. De C.V., 2011 NY Slip Op 05197 [85 AD3d 556]

June 16, 2011

Appellate Division, First Department

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Abelman, Frayne & Schwab, New York (Richard L. Crisona of counsel), for appellant.

Kenyon & Kenyon LLP., New York (Michelle Mancino Marsh of counsel), for respondent.

Order, Supreme Court, New York County (Richard B. Lowe, III, J.), entered January 31, 2011, which, in an action alleging breach of a settlement agreement, granted plaintiff’s motion for partial summary judgment on the issue of liability, unanimously affirmed, with costs.

The court properly determined the motion for summary judgment, although it was made more than 120 days after the filing of the note of issue. The motion was made pursuant to both a stipulation and the court’s own order, upon a showing of “good cause” (CPLR 3212 [a]; cf. Brill v City of New York , 2 NY3d 648 , 651-652 [2004]). Concur—Andrias, J.P., Friedman, Sweeny, Renwick and RomÁn, JJ..