Practice point: The Appellate Division affirmed the motion court's denial, as defendant filed its motion after the deadline set
forth in the preliminary conference order. That deadline
is controlling, given that there is no subsequent order or directive
explicitly providing otherwise. In addition, defendant failed to provide good cause for the delay in moving for summary judgment.
Student note: The Appellate Division noted that the action's conversion to e-filing approximately two months before the order does not warrant a
different result.
Case: Winfield v. Monticello Senior Hous. Assoc., NY Slip Op 00873 (1st Dept. 2016)
Here is the decision.
Tomorrow's issue: Standing in a mortgage foreclosure action.
