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The abbreviated Brill rule applies (again)August 10, 2015

Michael Palmeri, M.D., PLLC v Allstate Ins. Co., 2015 NY Slip Op 51130(U)(App. Term 2d Dept. 2015)

“Defendant failed to make its motion within 60 days of the filing of the notice of trial, as required by the rules of Part 41 of the Civil Court, and failed to offer any explanation in the Civil Court for the untimeliness of its motion. Accordingly, the Civil Court properly denied defendant’s motion as untimely”

How can a rule that was never published in the law journal or set forth in a compliance conference order have precedential effect?  This is especially the case when you are limiting a party’s right to exercise a right it enjoys under the CPLR?

One Response

  1. Nathan S says:

    but it’s written on a door in the court room, Martin Luther style. Certainly that should be enough!

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