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COTY v. COUNTY OF CLINTON

42 A.D.3d 612 (2007)

839 N.Y.S.2d 825

RAYMOND COTY et al., Respondents, v. COUNTY OF CLINTON, Appellant.

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

Decided July 5, 2007.

Cardona, P.J.

CPLR 3212 (a) provides that unless another date is set by the trial court, a motion for summary judgment "shall be made no later than one hundred twenty days after the filing of the note of issue, except with leave of court on good cause shown." In this personal injury action, it is uncontested that plaintiffs filed a note of issue with the Clinton County Clerk on June 28, 2005 and served it upon opposing counsel by mail that same day. Defendant served...

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