Key Takeaway
Courts have discretion to accept late papers under CPLR 2214 when plaintiffs show valid excuse and minimal delay without prejudice to defendants.
Understanding Late Paper Filing Under CPLR 2214
In litigation, timing is crucial. However, New York courts recognize that sometimes circumstances beyond a party’s control can cause delays in filing legal papers. The Civil Practice Law and Rules (CPLR) provides mechanisms for courts to exercise discretion when parties miss deadlines, particularly under CPLR 2214, which governs motion practice timing requirements.
A recent Fourth Department decision illustrates how courts balance the need for procedural compliance with the interests of justice. The case demonstrates that while summary judgment motions have strict timing requirements, courts maintain flexibility to accept late responding papers when appropriate circumstances exist.
The key factors courts consider include whether the delay was minimal, whether there’s a valid excuse for the lateness, and most importantly, whether accepting the late papers would prejudice the opposing party. This approach ensures that technical procedural violations don’t prevent courts from reaching decisions on the merits when justice requires it.
Jason Tenenbaum’s Analysis:
Halas v Dick’s Sporting Goods, 2013 NY Slip Op 02915 (4th Dept. 2013)
“Moreover, the court did not abuse its discretion in accepting late responding papers from plaintiff inasmuch as the court determined that plaintiff had demonstrated a ” valid excuse’ ” for the delay (Associates First Capital v Crabill, 51 AD3d 1186, 1188, lv denied 11 NY3d 702; _see_CPLR 2214 ; Mallards Dairy, LLC v E & M Engrs. & Surveyors, P.C., 71 AD3d 1415, 1416). [*3]Notably, the delay was minimal and there was no showing of prejudice to defendant (see Associates First Capital, 51 AD3d at 1187-1188). Additionally, the court did not err in considering the affidavit submitted by plaintiff’s attorney in opposition to the motion (see generally Sokoloff v Harriman Estates Dev. Corp., 96 NY2d 409, 414; Leon v Martinez, 84 NY2d 83, 87-88).”
Key Takeaway
Courts have discretionary power under CPLR 2214 to accept late papers when three conditions are met: the party demonstrates a valid excuse for the delay, the delay is minimal, and there’s no prejudice to the opposing party. This flexibility allows courts to correct procedural defects while maintaining fairness in litigation.
Legal Update (February 2026): Since this 2013 post, CPLR 2214 and related motion practice rules may have been subject to amendments or revised judicial interpretations regarding late paper acceptance standards. Practitioners should verify current provisions of CPLR 2214 and recent case law developments that may affect courts’ discretionary authority in accepting untimely submissions.
