Key Takeaway
Court applies unpublished 60-day summary judgment rule in Civil Court case, raising procedural questions about timing limits and Second Department review needed.
Tong Li v Citiwide Auto Leasing, Inc., 2014 NY Slip Op 50481(U)(App. Term 2d Dept. 2014)
“It is undisputed that, under the rules of Part 41 of the Civil Court, motions for summary judgment are to be filed within 60 days of the filing of the notice of trial. It is also undisputed that defendant filed its motion in Part 41 more than 60 days after the notice of trial had been filed.”
Why does this Court apply 3212(a) to Civil Court matters? It deals with Notes of Issue, not the notice of trial. CPLR 3404 deals with Supreme Court and Count Court actions and the Second Department held that the statute does not apply to Civil Court practice as noted in Chavez. Yet, the Appellate Term clearly noted prior to Chavez that the uniform court rules apply to CPLR 3404. Also, absent a provision in a compliance conference order or preliminary conference order which limits the time to make a dispositive motion, who has the right to limit the 120 day period in a court where a Notice of Trial can be filed at any time? Also, this rule is not in the law journal or on a website. It is a poor holding. This is another case where the Second Department should really look at this issue.
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Legal Update (February 2026): Since this 2014 post, Civil Court rules regarding summary judgment timing may have been revised, and the interaction between CPLR 3212(a) and Civil Court Part 41 procedures may have been further clarified through subsequent appellate decisions. Additionally, uniform court rules and local administrative orders governing motion practice deadlines are subject to periodic amendment. Practitioners should verify current Civil Court rules and recent case law addressing the 60-day summary judgment filing requirement in Civil Court matters.
