Practice point: A party has 120 days after filing a note of issue to move for summary judgment, after which it may do so only with leave of court, pursuant to CPLR 3212[a].
Practitioners should note that a trial court has discretion in determining whether to consider a motion made more than 120 days after the filing.
Case: Joson v. G & S Realty 1, LLC, NY Slip 09620 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Contracts.
