Legal Opinion

Powers v. Sculco

Appellate Division of the Supreme Court of the State of New York

Decided November 29, 2011PublishedCited by 3 opinions

1Opinion of the Court

The note of issue in this action was filed on January 8, 2010. In a preliminary conference order, the Supreme Court required dispositive motions to be made within 60 days of the filing of the note of issue, i.e., by March 9, 2010. The defendants filed their cross motion for summary judgment more than four months after the deadline set by the Supreme Court. Contrary to their contention, the defendants failed to show “good cause” for filing a late motion (CPLR 3212 [a]; see Miceli v State Farm Mut. Auto. Ins. Co., 3 NY3d 725 [2004]; Brill v City of New York, 2 NY3d 648, 652 [2004]; Castillo v…

2Cases cited4 opinions

  1. Brill v. City of New YorkNew York Court of Appeals · 2004
  2. Miceli v. State Farm Mutual Automobile Insurance CompanyNew York Court of Appeals · 2004
  3. Riccardi v. CVS Pharmacy, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  4. Castillo v. ValenteAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by3 opinions

  1. Farrell v. HerzogAppellate Division of the Supreme Court of the State of New York · 2014
  2. Paredes v. 1668 Realty AssociatesAppellate Division of the Supreme Court of the State of New York · 2013
  3. Paredes v. 1668 Realty AssociatesAppellate Division of the Supreme Court of the State of New York · 2013

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