Key Takeaway
Court rules that late motions to strike note of issue can still be considered when certificate of readiness contains material misstatements or good cause is shown.
Understanding the timing requirements for challenging a note of issue and certificate of readiness is crucial for both plaintiffs and defendants in New York litigation. Generally, parties have only 20 days to file a motion to vacate these important case management documents under CPLR 2211 and court rules. However, as demonstrated in recent appellate decisions, courts may still consider late motions under specific circumstances.
The note of issue and certificate of readiness serve as critical milestones in civil litigation, signaling that a case is ready for trial and discovery is complete. When these documents contain errors or are filed prematurely, parties must act quickly to challenge them. The procedural requirements can be particularly important in personal injury cases where discovery issues may arise unexpectedly.
Jason Tenenbaum’s Analysis:
Sansone v Sansone, 2014 NY Slip Op 00982 (2d Dept. 2014)
“The plaintiff failed to demonstrate that she served her motion, inter alia, to vacate the note of issue and certificate of readiness within 20 days after their service upon her (see CPLR 2211; 22 NYCRR 202.21). Nevertheless, the Supreme Court properly granted the plaintiff’s motion, upon the plaintiff’s showing of good cause, since there were material misstatements of fact in the certificate of readiness, and a number of unforeseen circumstances stalled the completion of discovery (see 22 NYCRR 202.21; Torres v Saint Vincents Catholic Med. Ctrs., 71 AD3d 873; Drapaniotis v 36-08 33rd St. Corp., 288 AD2d 254; Club Italia v Italian Fashion Trading, 268 AD2d 219, 219-220). ”
What is illustrative is the citation to Torres, which states the following: “A motion to vacate the note of issue and certificate of readiness made more than 20 days after their filing will be granted only where “a material fact in the certificate of readiness is incorrect” or upon “good cause shown""
So it appears that a material missatement in the certificate of readiness will allow a tardy motion to vacate note of issue to be made and considered.
Key Takeaway
Even when filed beyond the 20-day deadline, motions to vacate a note of issue may still succeed if the certificate of readiness contains material factual errors or if good cause can be demonstrated. Courts recognize that unforeseen circumstances during discovery may justify late challenges to these case management documents, providing important flexibility in complex litigation scenarios.
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Legal Update (February 2026): The procedural requirements and timeframes for challenging notes of issue under CPLR 2211 and court rules may have been modified since 2014 through court rule amendments or updated procedural directives. Additionally, appellate decisions from the past decade may have further refined the standards for “good cause” exceptions to late motion filings. Practitioners should verify current timing requirements and procedural standards with the most recent court rules and case law.
