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GLASSER v. ABRAMOVITZ

37 A.D.3d 194 (2007)

830 N.Y.S.2d 61

DAVID GLASSER, Appellant, v. ISER ABRAMOVITZ et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 6, 2007.

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 (cf. Miceli v State Farm Mut. Auto. Ins. Co., 3 N.Y.3d 725, 726 [2004] [statutory deadlines "to be taken seriously by the...

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