Cross motions for summary judgment.

Practice point: Generally, a cross motion for summary judgment made more than 120 days after the filing of a note of issue may be considered on its merits if another party has made a timely, pending motion on nearly identical grounds.

 Student note: Here, however, the cross motion was not responsive to a timely, pending motion for summary judgment and, therefore, the Supreme Court was without authority to consider it on its merits.

Case: Bicounty Brokerage Corp. v. Burlington Ins. Co., NY Slip Op 08472 (2d Dept. 2012).

Here is the decision.

Wednesday’s issue: Hospital’s liability for acts of a private attending physician.