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Would this violate the Civil Kings briefing schedule rule?
Procedural Issues

Would this violate the Civil Kings briefing schedule rule?

By Jason Tenenbaum 8 min read

Key Takeaway

Court rules on late affidavit submission in personal injury case, examining when briefing schedule violations should be excused based on prejudice rather than strict timing requirements.

This article is part of our ongoing procedural issues coverage, with 186 published articles analyzing procedural issues issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.

Mughal v Rajput, 2013 NY Slip Op 03466 (2d Dept. 2013)

“Although the defendants initially opposed the motion solely through the submission of an attorney’s affirmation, about two weeks later, and prior to the adjourned return date of the motion, they submitted an affidavit from Rajput….”

“Contrary to the plaintiffs’ contention, the Supreme Court did not improvidently exercise its discretion in considering Rajput’s affidavit. Although the affidavit was not timely submitted, the plaintiffs had an opportunity to respond to it, and were not prejudiced thereby (see Lawrence v Celtic Holdings, LLC, 85 AD3d 874, 875; Turturro v City of New York, 77 AD3d 732, 734; Valure v Century 21 Grand, 35 AD3d 591, 592; Hoffman v Kessler, 28 AD3d 718Franklin v Omni Sagamore Hotel, 5 AD3d 348Vlassis v Corines, 254 AD2d 273).”

Here is my favorite Civil Kings briefing schedule horror story.  Motion for summary judgment adjourned and the forced stipulation of adjournment is submitted for your signature.  Arbitrary dates are given to interpose cross-moving and responsive papers, i.e. “the briefing schedule”.  Your papers are late, but there is still 1-2 months to go prior to the final return date on the motion.  Adversary argues your papers are late but presents sufficient evidence to oppose your motion.

Result: Adversary wins because you violated the sacrosanct briefing schedule.  As seen here and in other cases, the question should be prejudice not form over substance.  My vote is to do away with the briefing schedule – it is a trap for the unwary.  Were the papers served in accordance with CPLR 2214?  If yes, fine.  If no, then you have a problem.


Legal Update (February 2026): CPLR 2214 governing motion practice and briefing schedules may have been subject to amendments or procedural updates since 2013. Additionally, court rules regarding briefing schedules and the acceptance of untimely submissions may have evolved, particularly given ongoing efforts to modernize civil practice rules. Practitioners should verify current CPLR provisions and local court rules regarding motion practice deadlines and judicial discretion in accepting late papers.

Legal Context

Why This Matters for Your Case

New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.

Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.

About This Topic

Procedural Issues in New York Litigation

New York civil procedure governs every stage of litigation — from pleading requirements and service of process to motion practice, discovery deadlines, and trial procedures. The CPLR creates strict procedural rules that can make or break a case regardless of the underlying merits. These articles examine the procedural pitfalls, timing requirements, and strategic considerations that practitioners face in New York state courts, with a particular focus on no-fault insurance and personal injury practice.

186 published articles in Procedural Issues

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Common Questions

Frequently Asked Questions

What are common procedural defenses in New York no-fault litigation?

Common procedural defenses include untimely denial of claims (insurers must issue denials within 30 days under 11 NYCRR §65-3.8(c)), failure to properly schedule EUOs or IMEs, defective service of process, and failure to comply with verification request requirements. Procedural compliance is critical because courts strictly enforce these requirements, and a single procedural misstep by the insurer can result in the denial being overturned.

What is the CPLR and how does it affect my case?

The New York Civil Practice Law and Rules (CPLR) is the primary procedural statute governing civil litigation in New York state courts. It covers everything from service of process (CPLR 308) and motion practice (CPLR 2214) to discovery (CPLR 3101-3140), statute of limitations (CPLR 213-214), and judgments. Understanding and complying with CPLR requirements is essential for successful litigation.

What is the 30-day rule for no-fault claim denials?

Under 11 NYCRR §65-3.8(c), an insurer must pay or deny a no-fault claim within 30 calendar days of receiving proof of claim — or within 30 days of receiving requested verification. Failure to issue a timely denial precludes the insurer from asserting most defenses, including lack of medical necessity. This 30-day rule is strictly enforced by New York courts and is a critical defense for providers and claimants.

How does improper service of process affect a no-fault lawsuit?

Improper service under CPLR 308 can result in dismissal of a case for lack of personal jurisdiction. In no-fault collection actions, proper service on insurers typically requires serving the Superintendent of Financial Services under Insurance Law §1212. If service is defective, the defendant can move to dismiss under CPLR 3211(a)(8), and any default judgment obtained on defective service may be vacated.

What is a condition precedent in no-fault insurance?

A condition precedent is a requirement that must be satisfied before a party's obligation arises. In no-fault practice, claimant conditions precedent include timely filing claims, appearing for EUOs and IMEs, and responding to verification requests. Insurer conditions precedent include timely denying claims and properly scheduling examinations. Failure to satisfy a condition precedent can be dispositive — an untimely denial waives the insurer's right to contest the claim.

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Attorney Jason Tenenbaum

About the Author

Jason Tenenbaum, Esq.

Jason Tenenbaum is the founding attorney of the Law Office of Jason Tenenbaum, P.C., headquartered at 326 Walt Whitman Road, Suite C, Huntington Station, New York 11746. With over 24 years of experience since founding the firm in 2002, Jason has written more than 1,000 appeals, handled over 100,000 no-fault insurance cases, and recovered over $100 million for clients across Long Island, Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, the Bronx, and Staten Island. He is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.

Jason is admitted to practice in New York, New Jersey, Florida, Texas, Georgia, and Michigan state courts, as well as multiple federal courts. His 2,353+ published legal articles analyzing New York case law, procedural developments, and litigation strategy make him one of the most prolific legal commentators in the state. He earned his Juris Doctor from Syracuse University College of Law.

24+ years in practice 1,000+ appeals written 100K+ no-fault cases $100M+ recovered

Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.

New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.

If you need legal help with a procedural issues matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.

Filed under: Procedural Issues
Jason Tenenbaum, Personal Injury Attorney serving Long Island, Nassau County and Suffolk County

About the Author

Jason Tenenbaum

Jason Tenenbaum is a personal injury attorney serving Long Island, Nassau & Suffolk Counties, and New York City. Admitted to practice in NY, NJ, FL, TX, GA, MI, and Federal courts, Jason is one of the few attorneys who writes his own appeals and tries his own cases. Since 2002, he has authored over 2,353 articles on no-fault insurance law, personal injury, and employment law — a resource other attorneys rely on to stay current on New York appellate decisions.

Education
Syracuse University College of Law
Experience
24+ Years
Articles
2,353+ Published
Licensed In
7 States + Federal

Discussion

Comments (3)

Archived from the original blog discussion.

R
Rookie
Parties can stipulate to anyhing. If the stipulation is signed in open court te parties are bound by its terms. No need to show prejudice. Furthermore, if defendant cannot submit an opp 3 or 4 months after receiving the motion papers then that party should lose. Also the Civil Kings briefing scheule makes the callendar predictable and quite small and reasonable. Anyone who has appeared in Kings Civil on those days when there are 300, 400 or 500 motions per day. Perfect example is the Bronx where one can get an unlimited number of adjournments.
J
JT Author
I know when the shoe is on the other foot, you beg for adjournments Senor Rookie. And I cannot remember the last time I said no. It also would help if you put your bills in you summons and complaint. This might allow less time spent trying to figure out what you are pleading. Just a thought.
KL
kurt lundgren
But Jason, we only adjourn cases with your office a dozen times because after the 11th time we give up all hope of actually seeing you in person. That is how much we miss you.

Legal Resources

Understanding New York Procedural Issues Law

New York has a unique legal landscape that affects how procedural issues cases are litigated and resolved. The state's court system includes the Civil Court (for claims up to $25,000), the Supreme Court (the primary trial court for unlimited jurisdiction), the Appellate Term (which hears appeals from lower courts), the Appellate Division (divided into four Departments, with the Second Department covering Long Island, Brooklyn, Queens, Staten Island, and several upstate counties), and the Court of Appeals (the state's highest court). Each court has its own procedural requirements, local rules, and case-assignment practices that can significantly impact the outcome of your case.

For procedural issues matters on Long Island, cases are typically filed in Nassau County Supreme Court (at the courthouse in Mineola) or Suffolk County Supreme Court (in Riverhead). No-fault arbitrations are heard through the American Arbitration Association, which assigns arbitrators throughout the metropolitan area. Workers' compensation claims go to the Workers' Compensation Board, with hearings at district offices across the state. Understanding which forum is appropriate for your case — and the specific procedural rules that apply — is essential for a successful outcome.

The procedural landscape in New York also includes important timing requirements that can affect your case. Most civil actions are subject to statutes of limitations ranging from one year (for intentional torts and claims against municipalities) to six years (for contract actions). Personal injury cases generally have a three-year deadline under CPLR 214(5), while medical malpractice claims must be filed within two and a half years under CPLR 214-a. No-fault insurance claims have their own regulatory deadlines, including 30-day filing requirements for applications and 45-day deadlines for provider claims. Understanding and complying with these deadlines is critical — missing a filing deadline can permanently bar your claim, regardless of how strong your case may be on the merits.

Attorney Jason Tenenbaum regularly practices in all of these venues. His office at 326 Walt Whitman Road, Suite C, Huntington Station, NY 11746, is centrally located on Long Island, providing convenient access to courts and offices throughout Nassau County, Suffolk County, and New York City. Whether you need representation in a no-fault arbitration, a personal injury trial, an employment discrimination hearing, or an appeal to the Appellate Division, the Law Office of Jason Tenenbaum, P.C. brings $24+ years of real courtroom experience to your case. If you have questions about the legal issues discussed in this article, call (516) 750-0595 for a free, no-obligation consultation.

New York's substantive law also presents distinct challenges. In motor vehicle cases, the no-fault system under Insurance Law Article 51 provides first-party benefits regardless of fault, but limits the right to sue for non-economic damages unless the plaintiff establishes a "serious injury" under one of nine statutory categories. This threshold — codified at Insurance Law Section 5102(d) — requires medical evidence showing more than a minor or subjective injury, and courts have developed detailed standards for each category. Fractures must be documented through imaging studies. Claims of permanent consequential limitation or significant limitation of use require quantified range-of-motion testing with comparison to norms. The 90/180-day category demands proof that the plaintiff was unable to perform substantially all of their usual daily activities for at least 90 of the 180 days following the accident.

In employment discrimination cases, the legal standards vary depending on whether the claim arises under state or local law. The New York State Human Rights Law employs a burden-shifting framework: the plaintiff must first establish a prima facie case by showing membership in a protected class, qualification for the position, an adverse employment action, and circumstances giving rise to an inference of discrimination. The burden then shifts to the employer to articulate a legitimate, non-discriminatory reason for its decision. If the employer meets this burden, the plaintiff must demonstrate that the stated reason is pretextual. The New York City Human Rights Law, by contrast, applies a broader standard, asking whether the plaintiff was treated less well than other employees because of a protected characteristic.

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