Perini Corp. v. City of New York

OPINION OF THE COURT

Marlow, J.

After the order on appeal was rendered, the Court of Appeals spoke clearly and decisively on what constitutes “good cause” for obtaining an extension of time to comply with the statutory requirements for moving for summary judgment after a party files a note of issue (see Miceli v State Farm Mut. Auto. Ins. Co., 3 NY3d 725 [2004]; Brill v City of New York, 2 NY3d 648 [2004]). We take this opportunity to emphasize and to caution the bar that the language of Miceli and Brill is clear and strict. Therefore, the rule these holdings address may not be approached…