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It is not a Note of IssueApril 8, 2014

Exceptional Med. Care, P.C. v Fiduciary Ins. Co., 2014 NY Slip Op 24091 (App. Term 2d Dept 2014)

3212(a) specifically states “note of issue”.  When will the Appellate Division right this wrong?

“It was improper for the Civil Court to consider plaintiffs’ untimely cross motion for summary judgment in the absence of a showing by plaintiffs of good cause for not serving the motion within 120 days of the filing of the notice of trial, the Civil Court equivalent of a note of issue

The statute talks about a note of issue, not the civil court equivalent.  In Supreme Court, pro-se’s have to file a Note of Issue.  This is not the case in Civil Court.  This is such a perversion of the CPLR.

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