Key Takeaway
New York appellate court incorrectly applies CPLR 3212(a) note of issue requirement to Civil Court, where only a notice of trial is filed, creating statutory confusion.
New York’s Civil Practice Law and Rules (CPLR) contains specific procedural requirements that vary between different court levels. One such distinction involves the timing requirements for summary judgment motions under CPLR 3212(a), which references filing within 120 days of a “note of issue.” However, a recent Appellate Term decision highlights ongoing confusion about how this statute applies across different court systems.
The issue centers on Civil Court practice, where litigants file a “notice of trial” rather than the “note of issue” required in Supreme Court. This procedural difference has created interpretive challenges for courts attempting to apply the 120-day time period under CPLR 3212(a) across different court levels.
Jason Tenenbaum’s Analysis:
Exceptional Med. Care, P.C. v Fiduciary Ins. Co., 2014 NY Slip Op 24091 (App. Term 2d Dept 2014)
3212(a) specifically states “note of issue”. When will the Appellate Division right this wrong?
“It was improper for the Civil Court to consider plaintiffs’ untimely cross motion for summary judgment in the absence of a showing by plaintiffs of good cause for not serving the motion within 120 days of the filing of the notice of trial, the Civil Court equivalent of a note of issue”
The statute talks about a note of issue, not the civil court equivalent. In Supreme Court, pro-se’s have to file a Note of Issue. This is not the case in Civil Court. This is such a perversion of the CPLR.
Key Takeaway
The Appellate Term’s equation of Civil Court’s “notice of trial” with Supreme Court’s “note of issue” represents a problematic interpretation of CPLR 3212(a). The statute specifically references a note of issue, and courts should not stretch statutory language to cover procedural documents that don’t match the statute’s plain text, regardless of functional similarities.
Related Articles
- CPLR 3212(f) discovery limitations and procedural requirements
- Understanding when summary judgment relief becomes improper under CPLR 3212(g)
- Documentary evidence limitations under CPLR 3211(a)(1)
- How trial appeals can bring up unreviewed summary judgment motions
- New York No-Fault Insurance Law
Legal Update (February 2026): Since this 2014 post, there may have been amendments to CPLR 3212(a) timing requirements or clarifying appellate decisions regarding the application of the “note of issue” language to Civil Court proceedings that use a “notice of trial.” Practitioners should verify current provisions and recent case law interpreting the 120-day deadline across different court levels, as procedural requirements and judicial interpretations may have evolved.
