Key Takeaway
NY Court clarifies that CPLR 3212(a)'s 120-day rule for summary judgment motions runs from service date, not filing date, ending confusion among practitioners.
Understanding when the clock starts ticking for summary judgment motions under CPLR 3212(a) might seem straightforward, but confusion persists in practice. The statute provides parties with 120 days to make a summary judgment motion, but some practitioners and even judges have misinterpreted when this period begins. The timing question becomes particularly important in fast-moving litigation where late papers can create procedural complications, and understanding the proper calculation method is essential for effective case management.
The distinction between when a motion is “made” versus when it’s filed has created unnecessary disputes in New York courts. While most experienced practitioners understand that service marks the beginning of various procedural deadlines, some have argued that the 120-day period should run from filing rather than service. This interpretation, if accepted, could significantly impact litigation strategy and timing.
Jason Tenenbaum’s Analysis:
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; see Corchado v City of New York, 64 AD3d 429 ).”
Key Takeaway
The Appellate Division, First Department has definitively clarified that summary judgment motions are considered “made” when they are served, not filed. This ruling should end the confusion that has led some practitioners to argue for a filing-based calculation. The 120-day time period under CPLR 3212(a) runs from the service date, consistent with general motion practice principles. Practitioners should ensure their summary judgment strategies account for service deadlines rather than filing deadlines.
Legal Update (February 2026): Since this 2017 post, there may have been amendments to CPLR 3212 timing provisions or related procedural rules governing summary judgment motion deadlines. Additionally, e-filing implementation in Civil Courts and other procedural modernizations may have affected motion practice requirements. Practitioners should verify current CPLR provisions and local court rules regarding summary judgment motion timing and filing procedures.
