Practice point: The controlling preliminary conference order directed that summary judgment motions were to be submitted within 120 days of the filing of the note of issue. The matter then was reassigned to another Part, whose rules provide for a 60-day time limit. However, that did not eliminate the provision of the preliminary conference order, in the absence of a further order or directive explicitly providing for a reduced time limit, or some other direction that the time limits of the new Part's rules would supersede the preliminary conference order.
Student note: CPLR 3212(a) provides that unless the court sets another date, a motion
for summary judgment must be made no later than one hundred twenty days
after the filing of the note of issue, except with leave of court on
good cause shown.
Case: Freire-Crespo v. 345 Park Ave. L.P., NY Slip Op 08106(1st Dept. 2014)
Here is the decision.
Tomorrow's issue: Notice in a slip and fall action.
