The quaint Notice of Trial
Court rules Notice of Trial equivalent to Note of Issue for summary judgment timing; defendant's late motion served 120+ days after filing denied under CPLR 3212.
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9 articles by Jason Tenenbaum, Esq.
New York Note of Issue: Avoiding Pitfalls in Personal Injury Cases
Learn how filing a Note of Issue without preserving objections can waive your right to seek preclusion in New York personal injury cases.
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The interesecton of the Note of Issue and timely summary judgment motion
Analysis of Khan v Macchia case on Note of Issue filing and summary judgment motion deadlines when discovery remains incomplete in NY personal injury litigation.
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Motion to restore granted upon erroneous settlement marking
Court grants motion to restore case to trial calendar after erroneous "settled" marking on eCourts website, ruling no enforceable settlement existed.
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Late motion to strike note of issue can be considered
Court rules that late motions to strike note of issue can still be considered when certificate of readiness contains material misstatements or good cause is shown.
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Notice of Trial stricken
Court strikes Notice of Trial due to false certificate of readiness and denies protective order motion filed after discovery certification was complete.
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Certificate of readiness that says discovery is outstanding is deemed a nullity
Appellate Division rules certificate of readiness stating discovery is outstanding creates a nullity, allowing unlimited time to strike note of issue in NY courts.
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Late Notice of Trial and standard of law as to Malella
Court ruling on late notice of trial motions and Malella defense standards in NY no-fault insurance cases, including timing rules and professional corporation compliance.
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Consolidation and belated discovery denied
Court denies consolidation and amendment motions in no-fault insurance case, ruling on discovery procedures and fraudulent incorporation claims.
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