Legal Question in Civil Litigation in New York

Note of Issue

I'm a plaintiff, pro se in a civil lawsuit.

I am currently preparing to file a motion for

summary judgment.

Is it necessary to file a Note of Issue, and/or a

Certificate of Readiness prior to filing a motion

for summary judgment?

(I live in New York State)


Asked on 7/09/00, 4:44 pm

2 Answers from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Note of Issue

I received your inquiry on 9-8-2000.

Absolutely not. The only drawback might be that the adverse party will say not all discovery is complete and that more timeis needed.

The motion must be made within 120 days of filing the note of Issue.

Good Luck.

RRG

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Answered on 9/08/00, 9:30 am
David Wright Law Offices of David Wright

Re: Note of Issue

No, but you might be mistaking your forms. The first motion in a case does require service and filing of a Request for Judicial Intervention, which clerk can give you or may be available from NYS Unified Court System web site (or NYS Bar Assn.).

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Answered on 9/09/00, 5:21 am


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