Cullity v. Posner

Order, Supreme Court, New York County (Paul Wooten, J.), entered July 9, 2015, which, insofar as appealed from as limited by the briefs, granted defendants’ motion for summary judgment dismissing plaintiff’s cause of action for third-party promissory estoppel, unanimously reversed, on the law, without costs, and the motion denied.

The motion should have been denied as untimely. The mo tion court’s rules required dispositive motions to be filed within 60 days of the filing of a note of issue. Defendant filed the motion papers nine days after the time to do so had expired, rendering the motion…