Legal Question in Personal Injury in New York

how late defendant be able to file summery judgment motion for personal injury case in New York


Asked on 3/07/10, 8:28 pm

2 Answers from Attorneys

Usually, a defendant has 120 days from the day a note of issue is filed, but this may be extended by the court. Best, MEZ

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Answered on 3/13/10, 9:38 am

The maximum time under the CPLR is 120 days absent good cause shown. However, this time period may be shorter depending on any particular Judge's rules. For instance, in Kings County, Supreme Court the general rule for personal injury actions is 60 days except in cases where the City of New York is represented by Corporation Counsel.

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Answered on 3/15/10, 9:08 am


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