Balcerzak v. DNA Contracting, LLC

OPINION OF THE COURT

Arthur M. Schack, J.

This case presents the court with the issue of whether counsel for all parties in an action, as a matter of public policy, can agree by stipulation to extend the time “to make dispositive motions” to a time that violates CPLR 3212 (a) and a local Supreme Court rule for the time to file summary judgment motions. The court must answer this question with a resounding no.

In this personal injury action for negligence and Labor Law violations, plaintiffs allege that, on August 31, 2001, plaintiff Wladyslaw Balcerzak worked on the rooftop of 866 U.N. Plaza, at…