Thursday, October 20, 2016

An untimely summary judgment motion.

Practice point:  The Appellate Division reversed the granting of defendants' motion for summary judgment dismissing plaintiff's cause of action for third-party promissory estoppel. The motion court's rules required dispositive motions to be filed within 60 days of the filing of a note of issue. Defendant filed the motion papers nine days after the time to do so had expired, rendering the motion untimely, pursuant to CPLR 3212[a].

Case:  Cullity v. Posner, NY Slip Op 06738 (1st Dep't October 13, 2016)

Here is the decision.

Tomorrow's issue:  The correct standard on a summary judgment motion.