Supreme Court improvidently exercised its discretion in denying the City's motion for summary judgment as untimely on the ground that, in violation of the court's part rules. it was made more than 60 days after the note of issue was filed. When the note of issue was filed, and for more than 60 days thereafter, the case was assigned to a different part, and the City showed that it had complied with the rules of the part to which the case had originally been assigned.
Astrakan v. City of New York, NY Slip Op 03276 (1st Dep't June 11. 2020)
Here is the decision.
