CPLR 3212[a]

Practice point: The statutory deadline for filing summary judgment motions must be strictly followed, and, regardless of merit, courts may not excuse a late motion based on a perfunctory claim of law office failure.

Case: Azcona v. Salem, NY Slip Op 02195 (1st Dept. 2008)

Facts: Defendants claimed that they were unaware of the filing of the note of issue until they learned of an imminent pretrial conference, just before the end of the 120-day period for moving for summary judgment, and that they filed as soon as they could thereafter. The bald assertion that defendants' counsel did not receive a copy of the note of issue was insufficient to rebut the presumption that service was complete upon mailing of the document, as indicated by an affidavit of service.