DiFusco v. Wal-Mart Discount Cities
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously reversed on the law without costs, motion denied and complaint reinstated. Memorandum: Supreme Court abused its discretion in granting defendant leave to make a motion for summary judgment six months after January 1, 1997, the effective date of the amendment to CPLR 3212 (a). That amendment, which has been held to apply retroactively to pending cases, requires that a summary judgment motion be made no later than 120 days after the filing of the note of issue, or, in cases in which the note of issue was filed before January 1, 1997, no later than 120 days after January 1,…
2Cases cited8 opinions
- Eddy v. Tops Friendly MarketsNew York Court of Appeals · 1983
- Eddy v. Tops Friendly MarketsAppellate Division of the Supreme Court of the State of New York · 1983
- Phoenix Garden Restaurant, Inc. v. ChuAppellate Division of the Supreme Court of the State of New York · 1997
- Rossi v. Arnot Ogden Medical CenterAppellate Division of the Supreme Court of the State of New York · 1998
- Auger v. StateAppellate Division of the Supreme Court of the State of New York · 1997
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3Cited by7 opinions
- Brill v. City of New YorkNew York Court of Appeals · 2004
- Clifford v. Harrow Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Granera v. 32nd Street 990 Corp.Appellate Division of the Supreme Court of the State of New York · 2007
- Stransky v. TannenbaumAppellate Division of the Supreme Court of the State of New York · 1999
- Welch v. City of Glen CoveAppellate Division of the Supreme Court of the State of New York · 2000
2 more not listed; retrieve them via the Exa API.