41 articles by Jason Tenenbaum, Esq.
NY CPLR 2106 amendment eliminates notarized affidavits and certificates of conformity. Learn how this changes litigation practice. Call 516-750-0595.
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Court rules plaintiff's 3-year delay in discovery fatal to CPLR 3212(f) motion - inaction constitutes acquiescence to summary judgment timing.
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Court excuses plaintiff's error under CPLR 2001 in Sensible Choice v Rodger, showing defects ignored absent prejudice.
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Court approval is required to bypass CPLR 3212(a)'s 120-day summary judgment deadline - parties cannot simply stipulate around timing requirements without express judicial consent.
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First Department ruling establishes new standard for summary judgment in comparative negligence cases, eliminating plaintiff's burden to prove absence of own fault.
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Appeals court rules that timeliness of amended summary judgment motion is measured from original service date, not refiling date in no-fault insurance case.
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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.
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New York courts may excuse missing pleadings in summary judgment motions under CPLR 2001 when no substantial rights are prejudiced, as demonstrated in Wade v Knight Transport.
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New York's Third Department clarifies that CPLR 3211(b) motions are not subject to the 120-day time limits that govern summary judgment motions under CPLR 3212(a).
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New York court ruling clarifies that amended cross-motions don't require additional filing fees under CPLR 8020, providing relief from mounting court costs.
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Court rules that unsigned peer review reports can be properly remedied when identical signed versions are submitted in reply papers without prejudicing the opposing party.
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Court applies unpublished 60-day rule for summary judgment motions, raising questions about precedential effect of unpublished procedural requirements.
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New York courts rule that 120-day summary judgment deadlines don't apply to pro-se actions in lower courts without proper trial scheduling procedures.
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NY court declines partial summary judgment in no-fault case, finding triable issues of fact regarding medical necessity of services despite defendant's cross-motion.
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Court rules Notice of Entry requirement can nullify summary judgment orders in NY no-fault insurance cases, highlighting procedural pitfalls for providers and insurers.
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Court denies motion to strike CPLR 3212(g) findings in no-fault case, but leaves open question about plaintiff's appeal rights when judges refuse to make such findings.
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Civil Court decision highlights inconsistency in how pro se litigants are treated under procedural rules, particularly regarding summary judgment motion deadlines.
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New York appellate court incorrectly applies CPLR 3212(a) note of issue requirement to Civil Court, where only a notice of trial is filed, creating statutory confusion.
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Court applies unpublished 60-day summary judgment rule in Civil Court case, raising procedural questions about timing limits and Second Department review needed.
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New York court ruling on affirmative defenses: pleaded defenses may not constitute admissions when conditional language is used and scope of employment is denied.
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New York courts have discretion to overlook missing pleadings in summary judgment motions when the record is sufficiently complete, per Washington Realty case.
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Courts have discretion to accept late papers under CPLR 2214 when plaintiffs show valid excuse and minimal delay without prejudice to defendants.
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Court rules that motions in limine cannot be improperly treated as summary judgment motions, highlighting distinct procedural requirements and timing rules.
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Court grants oral application accepting untimely expert papers and physician affirmation from different specialty in Buffalo General Hospital case.
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New York courts may allow subsequent summary judgment motions when substantively valid and serving justice, despite general discouragement of multiple motions.
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CPLR 3212(b) motion requirements: when affidavit from movant is necessary for summary judgment in New York courts, based on Maragos v Sakurai case analysis.
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Navigate complex New York court procedures for amended motions. Expert legal guidance for motion practice throughout Long Island and NYC. Call 516-750-0595.
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Analysis of CPLR 3212(g) motion practice and trial issue limitations in New York no-fault insurance litigation, examining Quality Med. Healthcare case precedent.
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Court rules CPLR 3211(a)(1) cannot establish policy violation defenses in no-fault cases, highlighting the need for strategic motion practice in busy NYC courts.
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Examining peer hearsay exceptions in NY no-fault cases, medical record admissibility, and verification procedures in Urban Radiology v Tri-State Consumer.
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Court rules untimely cross-motions for summary judgment won't be excused when seeking relief based on different issues than the main motion, as seen in Leonardi v Cruz.
Read More →![The 120 day time period (CPLR 3212[a]) to make a summary judgment motion applies even if an action is marked off the calendar](https://cdn.jtnylaw.com/blog/the-120-day-time-period-cplr-3212a-to-make-a-summary-judgment-motion-applies-even-if-an-action-is-marked-off-the-calendar.avif)
New York's 120-day summary judgment rule applies even when cases are struck from the calendar, preventing defendants from circumventing procedural deadlines.
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New York appellate court reverses summary judgment denial in credit card debt case, granting dismissal when evidence showed no contractual relationship existed between defendant and creditor.
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Appellate Term allows defendant second opportunity to cure defective summary judgment papers with supplemental physician affidavit in no-fault insurance case.
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CPLR 3212(a) 120-day rule applies to lower courts despite conflicting District Court ruling. Analysis of procedural requirements for summary judgment motions.
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NY Appellate Division defines limited scope of "documentary evidence" under CPLR 3211(a)(1), excluding affidavits, emails, depositions, and medical records.
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Understanding CPLR 5501(a)(1): How to challenge adverse summary judgment rulings on appeal from final judgment. Expert analysis of Bandler v Liberty case.
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Analysis of signature authenticity requirements and reply procedures in NY insurance litigation. Essential guidance on challenging stamped vs holographic signatures.
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First Department decisions impact no-fault insurance practice, criminal law, and negligence cases for NY attorneys. Analysis of Garcia v Leon hearsay ruling.
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Expert analysis of CPLR 3212(g) and when seeking relief under this provision becomes procedurally improper in New York courts. Call (516) 750-0595 for consultation.
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Understanding CPLR 3212(f) requirements for additional discovery time in NY litigation. Expert legal guidance on summary judgment practice. Call (516) 750-0595.
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