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Add this to the mix of why the “120 day rule” or “60 day rule” should not apply to Civil Court MSJ’
Procedural Issues

Add this to the mix of why the “120 day rule” or “60 day rule” should not apply to Civil Court MSJ’

By Jason Tenenbaum 8 min read

Key Takeaway

Civil Court decision highlights inconsistency in how pro se litigants are treated under procedural rules, particularly regarding summary judgment motion deadlines.

Inconsistent Treatment of Pro Se Litigants in Civil Court

A recent Appellate Term decision has highlighted a fundamental inconsistency in how New York courts treat self-represented litigants. While courts routinely state that pro se parties are not entitled to greater rights than represented parties, the practical application of procedural rules suggests otherwise. This disconnect is particularly evident when examining summary judgment motion deadlines and other procedural requirements.

The tension becomes apparent when considering that pro se litigants receive certain accommodations—such as exemptions from filing Notices of Trial and access to special court parts—while simultaneously being told they have no greater rights than any other party. This raises important questions about the uniform application of procedural rules across all litigants.

Jason Tenenbaum’s Analysis:

Golden v Lynch, 2014 NY Slip Op 50663(U)(App. Term 2d Dept. 2014)

From the Appellate Term, Second Department today: “Although defendant claims that she was at a disadvantage because, as a self-represented litigant, she was not advised of various procedures, we note that a party’s status as a self-represented litigant does not entitle the party to greater rights than any other litigant (see Roundtree v Singh, 143 AD2d 995 ). ”

So how come Pro-Se’s do not have to file Notices of Trial? Why doesn’t the 120 day rule apply to them? Why are there special parts for pro-s? Anybody want to work on an Article 78 with me? I think I have it written in my head.

Key Takeaway

The Golden v Lynch decision exposes a significant contradiction in how courts handle pro se litigants. While appellate courts maintain that self-represented parties deserve no special procedural advantages, the reality is that many procedural rules—including critical motion deadlines—are applied differently to pro se litigants, creating an uneven playing field that may warrant legal challenge.

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 (2)

Archived from the original blog discussion.

TH
The Hater
Yeah … you left out the key portion of the quote and citation: … to greater rights than any other litigant [what you left out] because even if the Defendant had a lawyer we could screw them both over and there is nothing they could do to us because we can do what we want given that we are not subjected to any meaningful review by any court, legislative body or greasy haired governor …[citation omitted] Signed The Goddam Hater
TH
The Hater
Well here is some proof of the above. Judges are f&*king high and mighty corrupt miscreants without a soul and if there is a hell that’s where they’ll go. If this were the Hater’s House I’d hate to be the f^%king morons that tried to kick the Hater out of the house. What a party the Hater would throw for them. Great media day because the media loves widows and orphans. Here it is. BEAVER, Pa. (AP) — A widow was given ample notice before her $280,000 house was sold at a tax auction three years ago over $6.30 in unpaid interest, a Pennsylvania judge has ruled. The decision last week turned down Eileen Battisti’s request to reverse the September 2011 sale of her home outside Aliquippa in western Pennsylvania. “I paid everything, and didn’t know about the $6.30,” Battisti said. “For the house to be sold just because of $6.30 is crazy.” Battisti, who still lives in the house, said Monday that she plans to appeal to Commonwealth Court. That court earlier ordered an evidentiary hearing, which led to last week’s ruling. Beaver County Common Pleas Judge Gus Kwidis wrote that the county tax claim bureau complied with notification requirements in state law before the auction. She had previously owed other taxes, but at the time of the sale she owed just $235, including other interest and fees. “There is no doubt that (she) had actual receipt of the notification of the tax upset sale on July 7, 2011, and Aug. 16, 2011,” the judge wrote. “Moreover, on Aug. 12, 2011, a notice of sale was sent by first class mail and was not returned.” The property sold for about $116,000, and most of that money will be paid to Battisti if further appeals are unsuccessful. An attorney for the purchaser did not return a phone message on Monday. Joe Askar, Beaver County’s chief solicitor, said the judge got the decision right, based on the law. “The county never wants to see anybody lose their home, but at the same time the tax sale law, the tax real estate law, doesn’t give a whole lot of room for error, either,” Askar said. Battisti said her husband handled the paperwork for the property’s taxes before he passed away in 2004. “It’s bad — she had some hard times, I guess her husband kind of took care of a lot of that stuff,” Askar said. “It seemed that she was having a hard time coping with the loss of her husband — that just made it set in a little more.”

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