Permits motions for summary judgement to be made after the defendant has appeared in an action by answer or motion or after the expiration of the time for such defendant's appearance, where the defendant has not appeared, whichever is earlier.
STATE OF NEW YORK
________________________________________________________________________
6562
2009-2010 Regular Sessions
IN ASSEMBLY
March 6, 2009
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Judiciary
AN ACT to amend the civil practice law and rules, in relation to summary
judgment procedure
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (a) of rule 3212 of the civil practice law and
2 rules, as amended by chapter 492 of the laws of 1996, is amended to read
3 as follows:
4 (a) Time; kind of action. Any party may move for summary judgment in
5 any action, after [issue has been joined] the earlier of defendant's
6 appearance by answer or motion or the expiration of the time for defend-
7 ant's appearance set forth in rule three hundred twenty of this chapter,
8 where the defendant has not appeared; provided however, that the court
9 may set a date after which no such motion may be made, such date being
10 no earlier than thirty days after the filing of the note of issue. If no
11 such date is set by the court, such motion shall be made no later than
12 one hundred twenty days after the filing of the note of issue, except
13 with leave of court on good cause shown. A motion for summary judgment
14 may not be made by cross motion except in response to a motion for
15 summary judgment or a motion permitted under subdivision (a) of rule
16 thirty-two hundred eleven of this article that is served after issue is
17 joined.
18 § 2. Subdivision (f) of rule 3211 of the civil practice law and rules
19 is amended to read as follows:
20 (f) Extension of time to plead. [Service] Unless the court orders
21 otherwise, service of a notice of motion under subdivision (a) or (b) of
22 this rule before service of a pleading responsive to the cause of action
23 or defense sought to be dismissed, or service of a motion under subdivi-
24 sion (a) of rule thirty-two hundred twelve of this article prior to
25 joinder of issue extends the time to serve the pleading until ten days
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09267-01-9
A. 6562 2
1 after service of notice of entry of the order resolving all such
2 motions. Notwithstanding the foregoing, no party shall obtain more than
3 one extension of time to plead by reason of such motion or motions.
4 § 3. This act shall take effect on the first of January next succeed-
5 ing the date on which it shall have become a law, and shall apply only
6 to actions commenced on or after such date.
