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.
One Response
CPLR 3212(a) applies to the Civil Court due to New York City Civil Court Act §§ 1001 and 2102.
The reason that CPLR 3404 does not apply to the Civil Court is not because it deals with Notes of Issue instead of Notices of Trial. In fact, the phrase “Note of Issue” appears nowhere in CPLR 3404. Instead, the reason that CPLR 3404 does not apply in Civil Court is because it conflicts with the Uniform Rules for the New York City Civil Court at 22 NYCRR § 208.14(c). See Chavez v 407 Seventh Ave. Corp., 39 AD3d 454 (2d Dept 2007).