Key Takeaway
Learn when New York courts will grant motion adjournments and the consequences of appearing unprepared. Expert legal guidance for Nassau & Suffolk County cases.
Understanding Motion Return Dates and Adjournments in New York Civil Practice
In New York civil litigation, motion practice is governed by strict procedural rules that attorneys and litigants must follow. One critical aspect that often determines the success or failure of a motion is understanding when courts will—or will not—grant adjournments for unprepared parties. For attorneys practicing in Nassau County, Suffolk County, and throughout the New York City metropolitan area, these procedural requirements can make or break a case.
When appearing before judges in Nassau County Supreme Court, Queens County Supreme Court, or any of the other busy courtrooms throughout Long Island and NYC, preparation is not just advisable—it’s mandatory. The courts have consistently taken a firm stance against parties who appear unprepared on motion return dates, as demonstrated by recent appellate decisions.
The Fourth Department’s Strict Approach to Motion Return Dates
The Fourth Department, in Counsel Fin. Servs., LLC v David Mcquade Leibowitz, P.C., 2009 NY Slip Op 08663 (4th Dept. 2009), observed the following:
“We note at the outset that the contentions of defendants are properly before us despite the fact that the order and judgment was entered upon their default. Although defendants did not move to vacate the order and judgment, they appeared in court on the adjourned return date of the motion and contested the entry of a default judgment (see Spano v Kline, 50 AD3d 1499, lv denied 11 NY3d 702, 12 NY3d 704; Jann v Cassidy, 265 AD2d 873, 874; Spatz v Bajramoski, 214 AD2d 436). Nevertheless, we conclude that the court properly granted the motion.”
“The record establishes that only plaintiff’s counsel appeared in court on the initial return date of the motion but that the court thereafter granted defendants additional time in which to submit papers in opposition to the motion and adjourned the matter to a date subsequent thereto. The court stated that, in the event that defendant failed to appear on the adjourned return date, “the matter will be deemed submitted.” Defendants failed to submit any opposing papers by the date specified by the court and, although defendant appeared in court on the adjourned return date, he requested a second adjournment at that time, in which to prepare opposing papers. The court determined that defendants already were in default at that time, inasmuch as they had failed to submit opposing papers.”
A few things are noteworthy here. First, it seems that Defendant should have probably moved on notice to vacate the default as opposed to attempting to vacate the default through appealing the order that resulted from the hearing. Second, it seems that the Fourth Department really has taken, at least in this case, a really tough line on parties who are not ready on motion return dates.
Implications for Long Island and NYC Practice
This decision has significant implications for attorneys practicing in Nassau County, Suffolk County, Queens County, Kings County, Bronx County, New York County, Richmond County, and Westchester County. The courts throughout the New York metropolitan area have increasingly adopted a similar no-nonsense approach to motion practice, particularly in high-volume commercial and civil litigation matters.
In Nassau County Supreme Court, located in Mineola, and Suffolk County Supreme Court in Riverhead, attorneys routinely face packed calendars where judges must move efficiently through dozens of motions. Similarly, in the busy Manhattan Supreme Court at 60 Centre Street or the Queens Supreme Court in Jamaica, judges cannot afford to repeatedly adjourn matters for unprepared counsel.
The Consequences of Unpreparedness
When an attorney appears unprepared on a motion return date, several adverse consequences may follow:
- Default judgment entry: As seen in the Counsel Financial Services case, courts may enter default judgments against unprepared parties
- Waiver of opposition rights: Failure to submit timely opposition papers may result in waiver of the right to oppose the motion
- Sanctions: Courts may impose monetary sanctions under CPLR 8303-a for frivolous conduct or dilatory tactics
- Client relations damage: Unprepared appearances reflect poorly on counsel and may damage the attorney-client relationship
Best Practices for Motion Practice in New York
To avoid the pitfalls illustrated in the Fourth Department’s decision, attorneys should:
- Calendar motion return dates immediately upon service
- Prepare opposition or reply papers well in advance of deadlines
- Communicate with opposing counsel regarding potential adjournments before the return date
- If additional time is needed, move for an adjournment on notice rather than appearing unprepared
- Maintain detailed case management systems to track all motion deadlines
Strategic Considerations for Different Case Types
The principles established in this decision apply across various practice areas common in Long Island and New York City litigation:
Personal Injury Cases
In personal injury matters, particularly those involving motor vehicle accidents on Long Island highways or NYC streets, motion practice often involves summary judgment motions, discovery disputes, and Daubert challenges. Unprepared appearances can result in adverse rulings that significantly impact case value and client recovery.
Commercial Litigation
Business disputes in Nassau and Suffolk counties, as well as throughout the five boroughs, frequently involve complex motion practice. Commercial Division rules impose even stricter requirements for motion practice, making preparation absolutely critical.
Real Estate Litigation
Given the high-value real estate markets in Long Island and NYC, real estate litigation often involves time-sensitive motion practice. Foreclosure proceedings, partition actions, and contract disputes require meticulous attention to procedural requirements.
Frequently Asked Questions
Q: Can I request an adjournment on the return date if I’m not prepared?
A: While you can request an adjournment, courts are increasingly reluctant to grant them, especially if it’s not the first request. The safer approach is to move for an adjournment on notice before the return date, showing good cause for the delay.
Q: What happens if I fail to submit opposition papers by the deadline?
A: As demonstrated in the Counsel Financial Services case, failure to submit timely opposition papers may result in the court treating your position as a default, potentially leading to an adverse judgment even if you appear in court.
Q: How can I avoid these procedural pitfalls?
A: Implement robust case management systems, calendar all deadlines immediately, prepare papers well in advance, and maintain regular communication with opposing counsel and the court regarding scheduling issues.
Q: Is there any way to challenge a default judgment entered due to unpreparedness?
A: Yes, but it requires demonstrating excusable default and a meritorious defense. The better strategy is prevention through proper preparation and timely motion practice.
Q: Do these rules apply differently in different New York counties?
A: While local rules may vary slightly between courts, the fundamental requirement for preparedness and timely submission of papers is consistent throughout New York State courts, from Manhattan to Montauk.
Protecting Your Legal Rights Through Proper Representation
The complexities of New York civil procedure require experienced legal counsel who understands both the substantive law and the critical procedural requirements that can make or break a case. Whether you’re facing a commercial dispute in Nassau County, a personal injury claim in Queens, or any other civil litigation matter throughout Long Island and the greater New York area, proper legal representation is essential.
Procedural missteps like those highlighted in the Counsel Financial Services decision can have devastating consequences for litigants. Don’t let poor preparation or missed deadlines jeopardize your legal rights and potential recovery.
If you need experienced legal representation for civil litigation matters in Nassau County, Suffolk County, Queens County, or anywhere in the New York metropolitan area, call 516-750-0595 today. Our firm understands the intricacies of New York civil practice and will ensure your case receives the thorough preparation and attention it deserves.
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- How law office failure excuses must be detailed to reopen defaults
- Complex default judgment cases in NY arbitration proceedings
- When administrative mistakes qualify as excusable defaults
- New York No-Fault Insurance Law
Legal Update (February 2026): Since this 2009 post, New York’s Civil Practice Law and Rules may have been amended, particularly regarding motion practice procedures, electronic filing requirements, and court scheduling protocols. Additionally, local court rules in Nassau, Suffolk, and NYC counties may have evolved significantly, and case law interpreting CPLR provisions on adjournments and defaults has continued to develop. Practitioners should verify current CPLR provisions, local rules, and recent appellate decisions when advising clients on motion return date procedures.
