Glasser v. Abramovitz

In Glasser v. Abramovitz (37 AD3d 194, 830 N.Y.S.2d 61 [1st Dept 2007]), the plaintiff moved for summary judgment after the court-imposed deadline, albeit within the statutory maximum 120-day period set forth in CPLR 3212(a). The trial court refused to consider the plaintiff's untimely motion. In affirming the trial court's decision, the First Department held: "We reject plaintiff's argument that motion courts have discretion to entertain nonprejudicial, meritorious post-note of issue motions made after a court-imposed deadline but within the statutory maximum 120-day period in CPLR 3212(a) regardless of whether good cause is shown for the failure to meet the deadline" (id.)