![]() ![]() Khan v Macchia, 2018 NY Slip Op 06519 (2d Dept. The interesecton of the Note of Issue and timely summary judgment motion Its summary judgment motion was served on November 23, 2016, which is over 120ĭays after plaintiffs had filed their notice of trial. Defendant’s affidavit of service states that “A motion on notice is made when a notice of the motion. With leave of court on good cause shown ( see CPLR 3212 Brill v City of New York, 2 NY3d 648, 651 Boereau v Scott, 140 AD3d 687 Exceptional Med. Notice of trial, which is the Civil Court equivalent of a note of issue, except Summary judgment must be made no later than 120 days after the filing of the Unless a court sets another date, a motion for “It is uncontroverted that plaintiffs filed their notice So now we are in 2020 and the lower courts STILL do not The inefficiency of a uniform statewide lack of e-filing creates As any practitioner knows, Civil Court KingsĬounty is known for losing, misplacing or conveniently failing to calendarĭocuments. The lower courts are no e-filing courtsĪnd service requires mailing. But would anyone besides me attempt to have the Appellate Division analyze this discreet issue? To me, that is significant enough to cast doubt on this line of reasoning. In the lower courts, a Notice of Trial only kicks in if both sides are attorney represented. The Note of Issue is a mandatory document in Civil Supreme Court and County Court practice, regardless of party status. I never fully agreed with the assertion that CPLR 3212(a) applies to a “Notice of Trial”.
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