Friday, June 3, 2016

A summary judgment motion denied as untimely.

Practice point:  The Appellate Division reversed, and denied the motion as it was submitted more than 50 days after the expiration of the deadline imposed by the preliminary conference order, and there was no showing of good cause for the late filing, pursuant to CPLR 3212(a).

Student note:  The fact that the action was reassigned to another Justice's part after the preliminary conference order was entered does not require a different result. There was no subsequent order directing a different time-limit or indicating that the time-limits of the new part's rules would supersede the preliminary conference order.

Case:  Waxman v. Hallen Constr. Co., Inc., NY Slip Op 04097 (1st Dep't May 26, 2016)

Here is the decision.

Monday's issue:  CPLR 1411 and assumption of the risk.