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3212(a) by-passApril 29, 2018

Reeps v BMW of N. Am., LLC, 2018 NY Slip Op 02907 (1st Dept. 2018)

“Prior court orders and stipulations between the parties show that the parties, with the court’s consent, charted a procedural course that deviated from the path established by the CPLR and allowed for defendants’ filing of this round of summary judgment motions more than 120 days after the filing of the note of issue ”

I originally read this and belied the parties could by-pass the 120-day rule by side stipulation.   But upon a more thorough reading today, I saw that express Court approval is needed to bypass the 120-day rule (or shorter depending on court rule).  Do not be lulled into believing that the parties can stipulate around 3212(a)’s time limitations without express court approval.

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