Summary Judgment Motion Filed One Day Late Deemed Untimely in Personal Injury Case

In Connolly v. 129 East 69th St. Corp., a personal injury trip-and-fall case, one defendant moved for summary judgment to dismiss plaintiff’s case. The Supreme Court granted the motion.

The Appellate Division, however, reversed that decision, finding that the defendant filed its motion one day after the motion filing deadline:

Supreme Court’s individual part rules provided that motions for summary judgment were to be “filed” within 60 days of the filing of the note of issue. Since plaintiffs filed the note of issue on July 10, 2013, the motions for summary judgment were due by September 9, 2013. While 129 East 69th Street Corporation (129 East) made (served) a motion for summary judgment on September 4, 2013, it did not file the motion until September 10, 2013, one day after the 60-day time period expired. Therefore, the motion was untimely. The other defendants’ motions, having been filed after 129 East’s motion, were also untimely. (Emphasis added.)

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