Key Takeaway
Learn about timely motion deadlines in NY no-fault cases. Court ruling clarifies when summary judgment motions are considered served under CPLR rules.
BSS Med., P.C. v Metropolitan Prop. & Cas. Ins., 73 Misc 3d 146(A)(App. Term 2d Dept. 2021)
“A motion is made when the notice of motion is served (see CPLR 2211; Russo v Eveco Dev. Corp., 256 AD2d 566, 566 ; Chimbay v Palma, 14 Misc 3d 130, 2007 NY Slip Op 50019 ), and when a motion is served upon a party’s attorney by mail, service is complete upon mailing (see CPLR 2103 ; Pietrafesa v Canestro, 130 AD3d 602 ). Here, it is uncontroverted that the notice of trial, the Civil Court equivalent of a note of issue, was filed on June 14, 2018 [*2]and, thus, contrary to the Civil Court’s determination, defendant’s motion was timely when it was served on October 12, 2018.”
This is a relic of a bygone era, well should be. Yet, we still in 2022 have courts that do not engage in e-filing, and placement of the motion in the mail is still dispositive of when the 120-day or 60-day clock begins to run. I also believe Straniere was correct in finding that 3212(a) should not apply to lower courts. If pro-se, an NOT is unnecessary. Same is not true when two parties are attorney represented. NY would best be served by case management orders with cut-off dates.
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What is New York's no-fault insurance system?
New York's no-fault insurance system requires all drivers to carry Personal Injury Protection (PIP) coverage. This pays for medical expenses and lost wages regardless of who caused the accident, up to policy limits. However, you can only sue for additional damages if you meet the 'serious injury' threshold.
