Miceli v. State Farm Mutual Automobile Insurance Company

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and plaintiffs motion for summary judgment denied.

Barely five months ago, in Brill v City of New York (2 NY3d 648 [2004]), this Court reversed an award of summary judgment for defendant, without considering its merit, on the ground that the motion, made more than 120 days after note of issue was filed, failed to comply with the statutory requirement that “good cause” be shown for the late filing. We determined that, if the merit of the motion itself constituted good cause, the statutory deadline…