Luciano v. H.R.H. Construction LLC

Supreme Court properly denied the motion as untimely. Absent other directive from the court, summary judgment mo*579tions should be made no later than 120 days “after the filing of the note of issue” (CPLR 3212 [a] [emphasis added]). It is undisputed that the insurer did not move for summary judgment until two years after plaintiff filed the note of issue. Although the insurer was not served with the note of issue, it does not deny that it knew about its filing (cf. McFadden v 530 Fifth Ave. RPS III Assoc., LP, 28 AD3d 202, 202-203 [2006]). Accordingly, the motion court correctly required “a…