What is the time limit for making a motion for summary judgment?

What is the time limit for making a motion for summary judgment?

• A. Within 60 days of filing of the complaint
• B. Within 180 days of the answer
• C. Within 120 days of filing of the note of issue
• D. Within 30 days of discovery completion

Answer: (C)

In New York practice, a motion for summary judgment must be served and filed within 120 days after the filing of the note of issue. The note of issue signals that the case is ready for trial, and the 120-day window encourages early resolution when there aren’t genuine disputes of material fact. If a party misses this window, the court can grant an extension for good cause, but absent such an extension, the motion may be barred. This timing is specific to the note of issue, not to the complaint, answer, or discovery completion. So the deadline is within roughly four months after the note of issue is filed.

In New York practice, a motion for summary judgment must be served and filed within 120 days after the filing of the note of issue. The note of issue signals that the case is ready for trial, and the 120-day window encourages early resolution when there aren’t genuine disputes of material fact. If a party misses this window, the court can grant an extension for good cause, but absent such an extension, the motion may be barred. This timing is specific to the note of issue, not to the complaint, answer, or discovery completion. So the deadline is within roughly four months after the note of issue is filed.