This is a no-brainer but one Plaintiff firm out there emphasizes that the 120 day rule in CPLR 3212(a) applies to when a motion is served. Unsurprisingly, various judges have agreed with this nonsense. This case directly states what all know: the time to file a motion is calculated from when the motion is served.
Finally, one parenthetical remark. Why can’t we have e-filing in the Civil Courts? It is embarrassing when New Jersey – with its byzantine ways of doing business – has made all their courts (Superior and Superior, Special Civil) e-filing while most of New York is still stuck in the mode of 1950’s file and the pray the clerk does not lose your motion. OCA – do something already.
Mehulic v New York Downtown Hosp., 2017 NY Slip Op 06416 (1st Dept. 2017)
“The motion court properly deemed defendant’s summary judgment motion timely because it was made (that is, served) within 60 days after the filing of the note of issue, as per the court’s directive to the parties (CPLR 2211, 3212[a]; see Corchado v City of New York, 64 AD3d 429 [1st Dept 2009]).”
