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CPLR 3212(a) not applicable in the lower courts? Not again.

If you were injured due to someone else’s careless actions, we understand the challenges you may be facing. As a victim or a surviving family member, you could be dealing with the life-altering consequences of a serious accident.

I thought this issue was resolved a long time ago: 3212(a) applies to the lower courts as well as Supreme Court.  Here are some examples holding this to be the case:  Lance Intern., Inc. v. First Nat. City Bank, 2010 N.Y. Slip Op. 20050 (App. Term 1st Dept. 2010);  Coello v. Christakos, 23 Misc.3d 142(A)(App. Term 2d Dept. 2009);Khokhlova v. Astoria Caterers, Inc., 20 Misc.3d 137(A)(App. Term 2d Dept. 2008).

So where did Custis v Travelers Prop. Cas. Ins. Co., 2010 NY Slip Op 20118 (Dis. Ct. Suffolk Co. 3d Dis. 2010) come from? (“At present, however, the legislature appears to have deemed the litigation delays once existing in Supreme and County Court calendar practice (which it addressed in 1996 by adding the one hundred twenty day limitation to CPLR 3212(a)) to be of insufficient magnitude in District Court to apply the limitation here. The Court is also persuaded by Judge Straniere’s opinion in Panicker v. Northfield Savings Bank, 12 Misc 3d 1153(A) (NY City Civ. Ct. 2006) holding that the one hundred twenty day limitation of CPLR 3212(a) is inapplicable to Civil Court summary judgment motions. Accordingly, the defendant’s application is not barred as untimely, and the Court will consider it upon the merits.”)

Your guess is as good as mine.

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