Legal Question in Legal Malpractice in New York

Re: Extending note of issue

There is no limit to how long the time to file a note of issue can be extended. The only exception is if there is a notice, either by court order or served by opposing counsel, pursuant to CPLR 3216 which gives 90 days to file the note of issue. If that time is not extended by court order, the opposition my file a motion to dismiss.

Re: Extending note of issue

There is no definitive answer to the question, "How many times can the Note of Issue date be extended?"

In a complex case, most Judges will allow multiple extensions so long as discovery is moving along at a good pace. At some point, however, a judge will say, "you've had ample time to complete discovery, enough is enough" and will direct plaintiff to file or face sanctions or dismissal.

Judges cannot simply allow cases to go on endlessly or lie dormant and clutter their calendars.