Practice point: Pursuant to the Uniform Civil Term Rules of the Supreme Court, Kings
County, defendant was required to make his motion for summary judgment no
later than 60 days after the filing of the note of issue, unless he
obtained leave of the court on good cause shown. Here, defendant moved for summary judgment 67 days after the note of issue was filed and failed to demonstrate, in his moving papers, good cause for not filing
the motion before the expiration of the 60-day deadline.
Student note: The Appellate Division will not consider the "good cause"
arguments raised for the first time in defendant's reply papers.
Case: Goldin v. New York & Presbyt. Hosp., NY Slip Op 08047 (2d Dept. 2013).
Here is the decision.
Monday's issue: A school's liability for a gym-class injury.
