Key Takeaway
Queens Supreme Court ruling allows Note of Issue to stand despite outstanding discovery, raising concerns about proper case management procedures.
The timing of when to file a Note of Issue in New York civil litigation is a critical procedural matter that directly affects case progression and trial scheduling. Generally, a Note of Issue should only be filed when discovery is substantially complete, as it signals to the court that a case is ready for trial. However, as demonstrated in a recent Queens Supreme Court decision, some courts are taking a more permissive approach to this requirement.
This case highlights ongoing tensions in civil practice between strict adherence to discovery completion requirements and judicial case management preferences. The decision contrasts with typical expectations that motions for summary judgment should be denied when disclosure remains pending, and raises questions about when courts should consider late motions to strike a note of issue.
Jason Tenenbaum’s Analysis:
Suarez v Shapiro Family Realty Assoc., LLC, 2017 NY Slip Op 02914
(1) “Under the circumstances, where plaintiff’s certificate of readiness contained no incorrect material representations, the court properly refused to vacate the note of issue (cf. 22 NYCRR 202.21). However, as plaintiff acknowledged in the note of issue and certificate of readiness, discovery was still outstanding.”
(2) “It is noted that granting Shapiro’s discovery request as to Duane Reade will not prejudice plaintiff, since the matter remains on the trial calendar”
This is how they do business in Supreme Queens. I am not a fan since a Note of Issue should not be filed until discovery is completed. OCA should step up to the plate on this one and not give Courts the power to force note of issues to be filed when discovery is outstanding.
Key Takeaway
The Queens Supreme Court’s decision to uphold a Note of Issue despite acknowledged outstanding discovery represents a departure from traditional practice standards. This approach prioritizes case flow management over complete discovery completion, potentially creating procedural complications and inconsistencies across different judicial departments in New York State civil practice.
