Applewhite v. Accuhealth, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*502The record demonstrates that plaintiffs filed the note of issue on May 8, 2009. This required the City (defendant) to file a motion for summary judgment no later than 120 days after the filing of the note of issue, i.e., September 5, 2009 (CPLR 3212 [a]). However, because September 5th was a Saturday, and Monday, September 7th, was Labor Day (see General Construction Law § 25-a [1]), the motion defendant served on September 8, 2009, was timely.
The facts underlying this case are discussed in a decision on a prior appeal (81 AD3d 94 [2010]). Accordingly, this decision will relate only those…
2Cases cited9 opinions
- Cuffy v. City of New YorkNew York Court of Appeals · 1987
- Miller v. State of New YorkNew York Court of Appeals · 1984
- McLean v. City of New YorkNew York Court of Appeals · 2009
- Laratro v. City of New YorkNew York Court of Appeals · 2006
- Mastroianni v. County of SuffolkNew York Court of Appeals · 1997
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3Cited by9 opinions
- Applewhite v. Accuhealth, Inc.New York Court of Appeals · 2013
- Kupferstein v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- Denis v. Town of HaverstrawDistrict Court, S.D. New York · 2012
- Baumann v. Long Island Power AuthorityNew York Supreme Court · 2014
- Moore-Mohammed v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
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