Waiting to conduct discovery fatal to 3212(f) claim
October 10, 2018 No Comments
Williams v New York City Tr. Auth., 2018 NY Slip Op 51286(U) (App. Term 2d Dept. 2018) Inaction is acquiescence. “At the outset, we reject plaintiff’s argument
Williams v New York City Tr. Auth., 2018 NY Slip Op 51286(U) (App. Term 2d Dept. 2018) Inaction is acquiescence. “At the outset, we reject plaintiff’s argument
Sensible Choice Contr., LLC v Rodger, 2018 NY Slip Op 05790 (2d Dept. 2018) The trend – and it is logical – is that the defects (unless
Reeps v BMW of N. Am., LLC, 2018 NY Slip Op 02907 (1st Dept. 2018) “Prior court orders and stipulations between the parties show that the parties,
Rodriguez v City of New York, 2018 NY Slip Op 02287 (2018) (1) “The motion for summary judgment must also “show that there is no defense to the
Healthy Way Acupuncture, P.C. v 21st Century Indem. Ins. Co., 2017 NY Slip Op 50204(U)(App. Term 2d Dept, 2017) “In this action by a provider to recover
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.
Wade v Knight Transp., Inc., 2017 NY Slip Op 05262 (2d Dept. 2017) “Notwithstanding that CPLR 3212(b) requires that motions for summary judgment be supported by a
Zarnoch v Luckina, 2017 NY Slip Op 02233 (3d Dept. 2017) “To the extent that the cross motion sought relief pursuant to CPLR 3211 (b), it was
Rodriguez v 2526 Valentine LLC, 2015 NY Slip Op 08620 (2d Dept. 2015) I thought that each application in Supreme Court required the paying of a filing
SAL Med., P.C. v Clarendon Natl. Ins. Co., 2015 NY Slip Op 51449(U)(App. Term 2d Dept. 2015) “The defect in one of the peer review reports submitted
Michael Palmeri, M.D., PLLC v Allstate Ins. Co., 2015 NY Slip Op 51130(U)(App. Term 2d Dept. 2015) “Defendant failed to make its motion within 60 days of
Bryan L. Salamone, P.C. v Digiacomo, 2015 NY Slip Op 25025 (App. Term 2d Dept. 2015) “After issue was joined, the matter was transferred to the arbitration
Pollenex Servs., Inc. v GEICO Gen. Ins. Co., 2014 NY Slip Op 50953(U)(App. Term 2d Dept. 2014) “Upon a review of the record, we find that
All Boro Psychological Servs., P.C. v Travelers Prop. Cas. Co. of Am., 2014 NY Slip Op 24161 (App. Term 2d Dept. 2014) (1) In this action
EMC Health Prods., Inc. v Geico Ins. Co., 2014 NY Slip Op 50786(U)(App. Term 2d Dept. 2014) “On appeal, defendant fails to articulate a sufficient basis
Golden v Lynch, 2014 NY Slip Op 50663(U)(App. Term 2d Dept. 2014) From the Appellate Term, Second Department today: “Although defendant claims that she was at a
Exceptional Med. Care, P.C. v Fiduciary Ins. Co., 2014 NY Slip Op 24091 (App. Term 2d Dept 2014) 3212(a) specifically states “note of issue”. When will
Tong Li v Citiwide Auto Leasing, Inc., 2014 NY Slip Op 50481(U)(App. Term 2d Dept. 2014) “It is undisputed that, under the rules of Part 41 of
Hollinden v City of New York, 2013 NY Slip Op 05676 (2d Dept. 2013) I guess this goes into the category: Be careful what you plead?
Washington Realty Owners, LLC v 260 Wash. St., LLC, 2013 NY Slip Op 03031 (1st Dept. 2013) “Although CPLR 3212(b) requires that a motion for summary judgment
