Key Takeaway
CPLR 3212(a) 120-day rule applies to lower courts despite conflicting District Court ruling. Analysis of procedural requirements for summary judgment motions.
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.
Related Articles
- Understanding when CPLR 3212(f) discovery limitations do not apply
- When summary judgment relief becomes improper under CPLR 3212(g)
- How appeals from trial judgments can review previously unnappealed summary judgment motions
- The limited scope of documentary evidence under CPLR 3211(a)(1)
- New York No-Fault Insurance Law
Legal Update (February 2026): Since this 2010 post, New York courts have continued to develop case law regarding CPLR 3212(a)‘s applicability to lower courts, and the Civil Practice Law and Rules may have been amended. Practitioners should verify current provisions regarding summary judgment timing requirements in District, City, and other lower courts, as judicial interpretations and statutory amendments may have clarified or modified these procedural requirements.
