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Summary Judgment Motion Served Within 60 Days of the Filing of the Note of Issue but Filed on the 61st Day Deemed Untimely

The First Department, reversing Supreme Court, strictly enforced a Supreme Court “individual part rule” and deemed a summary judgment motion untimely.  The rule requires a motion for summary judgment to “filed” within 60 days of the filing of the note of issue.  Here the motion was served within the 60 days but was filed on the 61st day. Connolly v 129 E. 69th St. Corp., 2015 NY Slip Op 03450, 1st Dept 4-28-30

 

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